There’s no end to the road for those not selected in the H-1B lottery: Immigration lawyers outline 8 best options
Immigration lawyer Felipe Jimenez said there are at least 8 best options for people who were not selected in the H-1B FY 2027 lottery.
Not being selected in the H-1B lottery that concluded for fiscal year 2027 is not the end of the road for the American Dream, as there are many other visa programs and viable options for living legally in the U.S., said immigration attorney Felipe Jimenez. Many Redditors expressed their disappointment as they said this was their last chance to live in America. Jimenez said there are at least eight best options, not just the much-discussed O-Visa. The O-Visa has come on the radar as questions are being raised about whether people with exceptional abilities are actually getting this visa or whether it has become an alternative to the H-1B visa. Some experts suggested that there is a possibility that there could be a second lottery as they estimated that companies could not petition for all those selected in the lottery because the companies would have to pay a $100,000 visa fee. And so, a second lottery may be needed to fill all the cap spaces.
Cap-Free H-1B
The recently concluded lottery is for the H-1B cap, but there are also cap-free H-1B jobs. Universities and institutions of higher education, non-profit institutions affiliated with universities, non-profit research organizations and government research organizations are not subject to this Rs. 85,000 limit.
Convert to F-1 Visa
Returning to school is a viable option to remain legally in the US as it changes the visa program back to F-1 and provides additional time, making the individual eligible for OPT, OPT extension.
F-1 stem opt extension
STEM students on an F-1 visa who are already taking their OPT may qualify for a 24-month STEM OPT extension.
first day cpt program
Day 1 CPT Program is a type of educational program in the US that allows international students (usually on F-1 visas) to start working immediately on the first day of their course through something called Curricular Practical Training (CPT).Jimenez advised using this program with caution as it could lead to future visa denials if USCIS determines the program is not legitimate.
O-1 visa
This visa program is for people with exceptional ability in science, education, business, athletics, arts, film and television. Exceptional ability has to be proven through publications, awards, high salaries, etc.
L-1 visa
People who work for a multinational company can get an 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 certain commercial occupations in the United States. It’s fast and simple and there is no lottery and Canadians can apply for it directly at the border. However, this visa does not lead to a green card.
E-2 visa
It is for entrepreneurs who can make large investments in a US business. Individuals who have access to funds can take this path. USCIS will investigate the source of the funds.
