Not selected in the H-1B lottery? How our client's alternative visa was approved in 5 days. Now she is applying for a Green Card without the PERM process delays.
- Jennifer Grady
- Mar 12
- 2 min read
Updated: Mar 13
“Your second H-1B lottery attempt failed. Again, your case was not selected.” Those words hit hard for a brilliant scientist who had been in the US since undergrad.
Her STEM OPT extension was expiring in September, and her dreams of staying in the United States were hanging by a thread.
She had run out of visa options.
But sometimes Plan B becomes the perfect Plan A.
By submitting extensive letters of recommendation, copies of published works, and creating a cohesive argument, we were able to convince USCIS that she was in the top 5% of her peers, and deserved an O-1 visa.
This visa is reserved exclusively for applicants with “extraordinary ability” in science, art, education, business, or athletics. Our case was so convincing that USCIS to approved our client’s visa within just five days.
THE TIMELINE:
- March: Client received Second H-1B lottery rejection in two years.
- August 1: We Filed O-1 visa application with Premium Processing.
- August 2: Surprise! Client was also selected in the second-round bonus H-1B lottery.
- August 7: O-1 visa approved.
- January 2025- Applying via direct path to Green Card (EB-1)
Here's the plot twist most don't know:
That O-1 approval didn't just save her status. It opened a faster path to her Green Card.
THE MATH:
-Traditional H-1B to Green Card: Currently about 4.5 years or more via PERM processing
-O-1 to Green Card: 1-2 years (EB-1 direct path)
THE OUTCOME?
-Immediate approval (5 days instead if 15 business days with Premium Processing)
-No Request for Evidence (RFE) received
-Clear path to permanent residence -Employee’s career protected
-Company protected its employee investment
KEY LESSON:
Sometimes a perceived setback leads to a better solution—one that not only solves today's crisis, but accelerates tomorrow's dreams.
Because in immigration, the shortest path isn't always the most obvious one.
To find out how we can help you achieve your American Dream of Legal Permanent Residency, and eventually U.S. citizenship, schedule a complimentary consultation with The Grady Firm’s attorneys by booking a call online, or calling +1 (949) 940-6725.
The Grady Firm has offices in Southern California, and its attorneys work remotely with clients from around the globe.
*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular case, as each case has its own set of circumstances and must be evaluated individually by and attorney and adjudicated by USCIS or the relevant consulate.
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