Missed the H-1B Lottery? Explore Alternative Visa Options!

On August 5, 2024, USCIS announced the completion of a second lottery round for selecting eligible beneficiaries for the FY 2025 H-1B Regular Cap. If you were selected in the second H-1B lottery round, congratulations! The next step is for the U.S. employer that submitted your registration to file an H-1B petition during the specified filing window. Once this petition is approved, you will be able to start working in the U.S. in H-1B status.

If you were not selected in this year’s H-1B lottery, there is always the option to try again next year. Meanwhile, there are other U.S. employment-based visa categories you might be eligible for, depending on your qualifications and situation. It’s worth exploring these alternatives to find the best path forward:

Cap-exempt H-1B Visa 

Some U.S. employers are exempt from the H-1B visa cap, including institutions of higher education and their affiliated nonprofit entities, nonprofit research organizations, and governmental research entities. If you land a job with one of these exempt organizations, you can apply for an H-1B visa at any time of the year, without having to go through the lottery process.

O-1A Visa for Extraordinary Ability Individuals 

The O-1A visa is designed for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, you must demonstrate extraordinary ability through sustained national or international acclaim and recognized achievements in your field. This visa requires a U.S. company or agent to sponsor your petition and serves as a valuable option for founders, entrepreneurs, scientists, and other highly skilled professionals who have made significant contributions to their fields. 

E-3 Visa for Australian citizens 

The E-3 visa is an option for Australian citizens who have a job offer from a U.S. employer. Similar to the H-1B visa, the E-3 is a specialty occupation visa classification and requires a bachelor's or higher degree in the specific specialty.

TN Visa for Canadian and Mexican citizens 

The TN visa allows Canadian and Mexican citizens to work in the U.S. in professional-level roles for either U.S. or foreign employers. This visa is only available to citizens of Canada and Mexico who are members of a profession specified in the United States-Mexico-Canada Agreement (USMCA). To qualify, applicants must meet the education and/or experience requirements outlined in the USMCA for their specific profession. Typically, a bachelor’s degree is required for most TN professions, though there are a few exceptions.

L-1A & L-1B Visas for intra-company transfers 

The L-1A visa enables a U.S. employer to transfer an executive or manager (L-1A) or specialized knowledge professional (L-1B) from one of its affiliated foreign offices to one of its offices in the United States. An affiliated foreign office includes a parent company, branch, subsidiary, or affiliate. This visa classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. 

F-1 Visas for Students 

F-1 students are restricted from working off-campus during their first academic year but can take on-campus jobs under specific conditions. After the first year, F-1 students have three main options for off-campus employment: Curricular Practical Training (CPT), Optional Practical Training (OPT) (which can be pre-completion or post-completion for up to one year), or a two-year extension of OPT for those in Science, Technology, Engineering, and Mathematics (STEM) fields. It's important to remember that any off-campus employment must be directly related to your field of study and requires prior authorization from both your Designated School Official (DSO) and USCIS before you start working.

Conclusion

Although the H-1B visa is one of the main work visas in the U.S., there are several other employment-based visa options available, such as the O-1A, L-1, E-3, TN, and F-1 visas. If you'd like to explore these alternatives, don’t hesitate to reach out to Banerjee Law for assistance. Feel free to email shilpi@bimmigrationlaw.com and we will get back to you.