irisg

Hi! I am a UK citizen planning to travel to the US in a few weeks. I entered the H1-B work visa lottery in 2017 and was found eligible, but lost the lottery. For ESTA purposes, would this count as being denied a visa? i.e. am I still eligible for ESTA travel and can I answer "no" to if I was ever denied a US visa?

Former Lancastrian

IMHO you haven't been denied a US visa as you were found eligible to apply for one and as the H!-B is a lottery then only X amount are issued. What did any letter or other correspondence you received about the app for the H1-B say when they notified you about not getting one?

irisg

Thanks, that's super helpful. Actually you're not notified at all when you don't win the lottery — you just assume you haven't been selected if you haven't heard back by a certain date, then you get a mass email from USCIS saying all the selected applicants have been notified.

Former Lancastrian

I suspect the letter doesn't say your application was denied more of along the lines you were unsuccessful in the visa lottery scheme please try again. Again not a refusal/denial of a visa IMHO.

irisg

Great, thanks again!

TexanScot

By definition you CAN'T have been denied a visa if you're unsuccessful in the lottery - you can't apply for said H-1B visa without an approved petition, and your petition won't even have been processed if you've been unsuccessful.

OP has nothing to worry about