No H-1B visa? No problem: Here are the top alternate US work visa options – explained
The H-1B visa lottery is a critical step for many companies in the United States looking to employ highly skilled foreign professionals. However, with only 85,000 visas available annually (including 20,000 reserved for those with advanced degrees from US institutions) and hundreds of thousands of applications submitted each year, many qualified individuals are left without a path forward. This leaves employers facing tough decisions about retaining top international talent.Fortunately, there are alternative visa options and strategic pathways that may work for your company. These can help affected employees remain in the US legally or return later with a more secure status. According to ET guest author Poorvi Chothani, managing partner at LawQuest, the key lies in planning, strategy, and using a combination of other visa pathways. She describes ways in which HR professionals can navigate this complex situation.
1. Planning ahead for future H-1B cycles
Although an employee may not have been selected in the current year’s H-1B lottery, there’s always the potential for subsequent selection rounds. The US Citizenship and Immigration Services (USCIS) may conduct additional lotteries if initially selected applicants do not proceed with filing. To improve the chances for next year you may want to:
- Begin early and be ready with the information in advance to ensure compliance with all requirements.
- Consider other options to register, where applicable, within legal guidelines.
- Track policy updates from USCIS that may affect the process.
2. Cap-exempt H-1B employment
Some organisations are not subject to the H-1B annual cap. These typically include institutions such as:
- Nonprofit colleges and universities
- Nonprofit research organisations
- Governmental research institutions
Employees can work for such institutions year-round without needing to go through the H-1B lottery.Furthermore, if they are employed at a cap-exempt organisation, a cap-subject employer may be able to file for concurrent employment, allowing them to work (often part-time) at both places simultaneously.
3. Intracompany transfers: The L-1 visa
If the employer operates offices or affiliated organisations in foreign countries outside the United States, the L-1 visa provides a strong alternative to the H-1B. This visa allows companies to transfer certain employees to a US branch, subsidiary, or affiliate:
- The employee must have worked for the foreign office for at least one continuous year within the last three years prior to entering the US. The work must have been in a managerial, executive, or specialised knowledge capacity.
- The position in the US must be similar to the role the employee held abroad, meaning it must also be managerial, executive, or require specialised knowledge. The US entity must also have a qualifying corporate relationship with the foreign entity (such as parent, branch, subsidiary, or affiliate).
- This visa supports both short-term assignments and long-term employment in the US and may also provide a pathway to permanent residency through the EB-1C category.
4. The O-1 visa: For individuals with extraordinary ability
The O-1 visa is well-suited for individuals who have demonstrated extraordinary ability or significant accomplishments in fields such as science, education, the arts, business, or athletics. To qualify, applicants must meet rigorous criteria, which may include receiving national or international awards, having notable publications or scholarly contributions, or making original contributions that have advanced their field. This visa serves as a strong alternative for highly accomplished professionals who are not selected in the H-1B lottery, offering them a pathway to live and work in the United States based on their exceptional achievements.
5. Country-specific visas
Country-specific visas provide valuable alternatives for individuals who are not selected in the H-1B lottery. These visa categories are tailored for nationals of specific countries and often come with less competition, making them more accessible compared to the standard H-1B visa:
- The E-3 visa is available exclusively to Australian citizens working in speciality occupations, similar to the H-1B. One of its notable advantages is that the spouses of E-3 visa holders are also eligible to work in the United States.
- The TN visa, offered under the United States-Mexico-Canada Agreement (USMCA), is available to citizens of Canada and Mexico. It covers a broad range of professional occupations, including engineers, scientists, medical professionals, and teachers. The TN visa is relatively straightforward to obtain and does not have an annual cap, making it a viable and efficient alternative for those who qualify.
- The H-1B1 visa is specifically designed for citizens of Chile and Singapore. Like the H-1B, it allows individuals to work in speciality occupations, but with a separate annual quota (within the overall cap of 85,000) that is typically underutilised. As a result, applicants from these countries face less competition and a higher likelihood of approval.
For eligible candidates, these country-specific visas can serve as excellent alternatives to the H-1B lottery, providing a legal pathway to live and work in the United States with fewer hurdles.
6. J-1 visa: Interns and trainees
The J-1 visa offers a valuable alternative pathway for individuals seeking to gain professional experience in the United States through structured exchange programs. Although not considered traditional work visas, J-1 visas allow participants to engage in on-the-job training or internships sponsored by approved organisations.There are two main categories under the J-1 visa that are relevant for professionals:
- J-1
trainee visa: This category is intended for those who have earned a degree or professional certification and possess a minimum of one year of relevant work experience outside the US. The purpose is to enhance their skills in a structured training environment related to their current occupation. The maximum duration for a J-1 Trainee visa is 18 months, except for the hospitality field, which is limited to 12 months.
- J-1 Intern Visa: This option is intended for current students or recent graduates (within 12 months of graduation) from a post-secondary academic institution outside the United States. Internships must closely align with the participant’s area of academic study. The maximum duration for a J-1 Intern visa is 12 months.
While these visas do not confer the same employment rights as an H-1B, they allow participants to gain valuable US work experience under the supervision of a designated program sponsor.
7. B-1 in lieu of H-1B visa
For temporary work assignments requiring specialised skills, the B-1 visa in lieu of an H-1B can be used under specific conditions:
- The employee must remain on a foreign payroll.
- The work must be temporary, short-term, and within the employee’s area of expertise.
- Requires meticulous compliance with rules to avoid visa misuse.
8. Further education opportunities
Employees on F-1 Optional Practical Training (OPT) may consider continuing their education to maintain legal status and enhance future immigration opportunities:
STEM OPT Extension: Students with degrees in science, technology, engineering, or math (STEM) fields may be eligible for a 24-month extension to their initial 12-month OPT, allowing them to work in the US for up to three years. To qualify, the job must be directly related to the STEM degree, and the employer must be enrolled in the E-Verify program. This extension offers additional time to build experience and submit a new application for the H-1B lottery in subsequent years.
- Day 1 CPT Programs: Some universities offer Curricular Practical Training (CPT) that allows students to begin working from the first day of enrollment. These programs must be approached with caution, as misuse or non-compliant institutions can raise red flags during future visa or immigration reviews. Always consult with a qualified immigration attorney and choose accredited universities with strong reputations to ensure compliance.
9. Employment abroad and re-entry
Employees not selected can also consider working for their US employer from an affiliated overseas office. This serves two purposes:
- It keeps the employee within the company’s ecosystem.
- After one year, the employee may become eligible for an L-1 transfer to the US
10. Green card sponsorship
Although it’s a long-term option for specific individuals who are subject to annual quotas based on their place of birth, starting the employment-based green card process signals a commitment to retaining valuable staff. While it does not provide immediate work authorisation, it lays out a pathway for permanent residence and work eligibility.Chothani concludes that although not being selected in the H-1B lottery can feel like a setback, “a wide array of alternative visas and strategies exist to ensure that valued international employees can still contribute meaningfully to US companies.” HR professionals are encouraged to collaborate with experienced immigration attorneys and maintain transparent, supportive communication with affected employees.(With inputs from guest column of Poorvi Chothani, managing partner at LawQuest that appeared in ET)
