Immigration attorney Felipe Jimenez said not being selected in the H-1B lottery that ends in fiscal year 2027 is not the end of the road to the American dream, as there are many other visa programs and viable options to stay in the United States legally. Some Reddit users expressed their frustration as they said this was their last chance to stay in the United States. Jimenez said there are at least eight best options, not just the much-discussed O visa. The O visa has attracted attention as some question whether people with truly extraordinary abilities can obtain it or whether it has become a replacement for the H-1B visa. Some experts said a second lottery was possible because they estimated companies might not submit applications for everyone drawn because they would have to pay $100,000 in visa fees. Therefore, a second lottery may be needed to fill all cap spots.
H-1B exempt from cap
The lottery that just ended was for the H-1B cap, but there are also H-1b jobs that are not subject to the cap. Universities and higher education institutions, university-affiliated nonprofit entities, nonprofit research organizations, and government research organizations are exempt from the 85,000 cap.
Change to F-1 visa
Returning to school is a viable option to remain in the United States legally as it changes the visa program again to F-1 and provides additional time for the individual to qualify for OPT, OPT extension.
F-1 STEM OPT extension
STEM students on F-1 visas who are already on OPT are eligible for a 24-month STEM OPT extension.
First day of CPT course
Day One CPT program is an academic program in the United States that allows international students (usually on an F-1 visa) to begin working immediately from the first day of class through Curriculum Practical Training (CPT).Jimenez recommends using the program with caution, as it could result in future visa denials if USCIS determines the program is illegal.
O-1 Target
This visa program is available to individuals of outstanding ability in the fields of science, education, business, sport, art, film and television. One must prove one’s extraordinary abilities through publications, awards, high salaries, etc.
L-1 visa
If you work for a multinational company, you can obtain an L-1 visa for intra-company transfer.
TN visa for Canadians and Mexicans
The TN (Trade NAFTA) visa allows Canadian and Mexican citizens to work in certain professional occupations in the United States. This method is faster, simpler, and without the need for a lottery, Canadians can apply directly at the border. However, this visa does not lead to a green card.
E-2 visa
This is for entrepreneurs who can invest heavily in U.S. businesses. Individuals with the means to obtain funding can take this route. USCIS will review the source of funds.