Not end of road for those who didn’t get selected in H-1B lottery: Immigration attorney explains 8 best options

There are at least 8 best options for those who did not get selected in the H-1B FY2027 lottery, immigration attorney Felipe Jimenez said.

Not getting picked up in the H-1B lottery that has now concluded for FY 2027 is not the end of the road for American Dream, immigration attorney Felipe Jimenez said, as there are many other visa programs and viable options to remain legally in the US. Several Redditors expressed their frustration as they said this was their last chance to stay in the US. Jimenez said there are at least eight best options and not only the much-discused O-visa. O-visa has come on the radar as questions are being raised as to whether people with indeed extraordinary abilities are getting that visa or whether it has become an alternative to H-1B visa. Some experts suggested that there is a possibility that a second lottery may take place as they estimate that companies may not file petitions for all those who got selected in the lottery as the companies will have to pay $100,000 visa fee. And so, a second lottery may be required to fill all the cap spots.

Cap-exempt H-1B

The just-concluded lottery is for the H-1B cap but there are cap-exempt H-1b jobs as well. Universities and higher education institutions, nonprofit entities affiliated with universities, nonprofit research organizations, and government research organizations are not subject to this 85,000 cap.

Change to F-1 visa

Returning to school is a viable option to remain legally in the US as this changes the visa program again to F-1 and gives extra time, making the individual eligible for OPT, OPT extension.

F-1 STEM OPT extension

STEM students on F-1 visa who are already doing their OPT can qualify for a 24-month STEM OPT extension.

Day 1 CPT program

A Day 1 CPT program is a type of academic program in the US that allows international students (usually on an F-1 visa) to start working immediately from the first day of their course through something called Curricular Practical Training (CPT).Jimenez advised to use this program with caution as this can lead to future visa denials if the USCIS determines the program is not legitimate.

O-1 visa

This visa program is for people with extraordinary ability in sciemce, education, business, athletics, arts, film and television. One has to prove the extraordinary ability through publications, awards, high salary etc.

L-1 visa

Those who work for a multinational company, they can get L-1 visa for intracompany transfer.

TN visa for Canadians and Mexicans

The TN (Trade NAFTA) visa allows Canadian and Mexican citizens to work in the United States in certain professional occupations. This is faster and simpler and has no lottery and Canadians can apply for it directly at the border. This visa, however, does not lead to a Green Card.

E-2 visa

This is for entrepreneurs who can invest substantially in a US business. Individuals who have access to funds can take this route. The USCIS will scrutinize the souce of funds.