Didn’t Get Selected in the H-1B Lottery?
Here’s What You Can Do Next

If you weren’t selected in this year’s H-1B lottery, you’re not alone — and more importantly, your U.S. immigration journey doesn’t end here. While it’s natural to feel disappointed, there are still several alternative visa options that could align with your background and goals.

Here’s a breakdown of practical pathways you can explore:

1. Cap-Exempt H-1B: No Lottery Involved

If you’re employed by a university, nonprofit, or research institution, you may be eligible for a cap-exempt H-1B. These petitions are not subject to the annual lottery and can be filed at any time of year — a great option for individuals in academic or research settings.

2. Country-Specific Visas: Singapore, Chile, Australia, Canada & Mexico

Citizens of specific countries may benefit from streamlined work visa options:

– H-1B1 for nationals of Singapore and Chile
– E-3 for Australian citizens
– TN for professionals from Canada and Mexico under NAFTA/USMCA

These visa types offer expedited processing and are not subject to the standard H-1B cap or lottery.

3. O-1 Visa: For Individuals with Extraordinary Ability

If you have a strong track record of achievement in fields such as science, business, education, or the arts, the O-1 visa may be worth considering. A compelling case typically includes awards, published work, press recognition, and letters from experts in your field.

4. L-1 Visa: Intra-Company Transfer

Already working for a multinational company abroad? You may be eligible for an L-1 visa, which allows your employer to transfer you to a U.S. office:

– L-1A: For executives and managers
– L-1B: For employees with specialized knowledge

This visa is ideal for individuals looking to grow their careers within an established organization.

5. F-1 Student Visa Options: OPT & CPT

If you’re currently a student or a recent graduate on an F-1 visa:

– OPT allows one year of post-graduation work (plus a 24-month STEM extension for qualifying degrees).
– CPT permits employment while still enrolled in school.

These options can buy you time and experience while preparing to re-enter the H-1B lottery next year.

6. J-1 Visa: Exchange Visitors

The J-1 visa supports exchange programs in research, internships, and training for students and professionals. Be aware that some J-1 categories may include a two-year home residency requirement before applying for another U.S. visa.

7. H-4 EAD: Employment for Spouses of H-1B Holders

If your spouse holds an H-1B visa and has an approved I-140 (green card petition), you may be eligible for the H-4 Employment Authorization Document (EAD) — allowing you to work legally in the U.S. This option can serve as a valuable bridge for families navigating the visa process.

8. Investor Visas: E-2 and EB-5

Planning to start or invest in a business? Consider:

– E-2 visa: For nationals of treaty countries who make a significant investment in a U.S. business
– EB-5 visa: For investors from non-treaty countries, involving higher investment thresholds

Investor visa terms vary depending on your nationality and the size of your investment.
Not being selected in the H-1B lottery may feel like a setback — but it doesn’t have to stop your momentum. Whether you’re a student, a working professional, a spouse, or an entrepreneur, there are multiple pathways that can still lead you to live and work in the United States.

Your journey is not over — it’s simply taking a different route.

Priyal Taroon Samani
Visawolf, PC
Concord, California