Not selected in H-1B visa lottery? Here are 6 alternative ways to work in the US

Alternatives like the O-1 and EB2 NIW visas offer unique benefits and eligibility criteria, providing potential pathways to employment and permanent residency

The H-1B visa, the primary, conventional entry point to employment in the United States, is a very popular yet overcrowded employment path for immigrants. What happens, though, if you are not chosen in the H1B lottery or if you are not qualified at all? Numerous lesser-known H1B alternative visa possibilities exist that provide special benefits, more focused on eligibility requirements, and perhaps quicker routes to US work.

There are many lesser-known H1B alternative visa options that offer unique advantages, are more focused on eligibility standards, and may offer faster pathways to employment in the US.(Shutterstock)

This article will explain the best visa choices in the event that you are not chosen in the H1B lottery and how to proceed if you are unsure of what to do next.

1.O-1 Visa: For exceptionally talented people

The O-1 visa might be a good substitute for the H1B if you are exceptionally talented in your sector, whether it be business, education, sports, or the sciences. The O-1 is available for application at any time and is not lottery-based like the H1B.

Who can apply for an O1A Visa?

Those who have achieved great success in their area and can exhibit exceptional talent in the sciences, education, business, or sports are eligible for the O1A visa. You must fulfil a minimum of three O1A requirements in order to be eligible, demonstrating a track record of consistent national or worldwide recognition.

Why opt for O-1?

*No annual cap or lottery

*Year-round access to the EB1A green card, an additional H1B option

*Instead of waiting another year for the H1B, it could be worthwhile to assess your profile for an O-1 visa if you think you might be eligible.

2. EB2 NIW: A green card without employer sponsorship

Highly qualified professionals can apply for a US green card under the EB2 National Interest Waiver (NIW) without requiring an employer sponsorship or a job offer. For individuals who were not chosen in the H1B lottery, this makes it a compelling substitute.

Who is eligible?

A bachelor's degree with at least five years of experience OR a master's degree or higher OR evidence of outstanding aptitude in your profession.

Your efforts must be of great value to the United States.

Why opt for EB2 NIW?

*Employer sponsorship is not required.

*Offers a clear route to permanent residence in the United States.

*No labour certification (PERM) is required.

Instead of applying for temporary work visas, you can be eligible for EB2 NIW, a long-term alternative, provided your job has a wide-ranging impact.

3. H1B Cap-Exempt Employers: An alternative to the H1B Lottery

The annual cap is not applicable to all H1B petitions. Higher education institutions, connected nonprofit organisations, and nonprofit or government research organisations are among the employers that are excluded from the cap.

You can apply for a visa whenever you want and there are no limits on the number of seats available if you land a position with a cap-exempt company, which eliminates the need to go through the H1B lottery.

Furthermore, you might be able to work concurrently for a cap-subject employer while keeping your principal cap-exempt job if you have an H1B with a cap-exempt employer.

Even if their immediate employer is cap-subject, some workers can still be eligible if they work for a cap-exempt company.

4. J-1 Visa: For researchers, interns, and professionals in training

Although the J-1 visa is not a general substitute for the H1B, it may be a good choice for some professionals participating in research, training, and cultural exchange programs. Research scholars, medical professionals, business trainees, and STEM graduates who are enrolled in authorised US exchange programs frequently use it.

Programs for J-1 Trainees and Interns

For those looking for practical experience in their area, the J-1 visa offers the following categories:

*Professionals with a degree or certificate and at least a year of work experience in their industry working outside of the United States are eligible for the J-1 Trainee Visa. With this visa, they can train in the United States for up to 18 months in subjects that aren't easily accessible back home.

*Students who are enrolled in or have recently graduated from a post-secondary institution outside of the United States are eligible for the J-1 Intern Visa. Internships can last up to a year and must be closely related to their academic study.

For highly skilled individuals, this visa can be a springboard to longer-term employment choices like the O1A or EB1A and offers valuable US experience.

Why opt for J-1?

*No lottery procedure

*Permits hands-on experience in the United States.

*Certain categories permit the subsequent switch to H-1B or green card alternatives.

The two-year home residency requirement before applying for other work visas, however, might apply to certain J-1 visa holders. Verifying if a waiver is required for upcoming immigration plans is crucial.

5. L-1 Visa: Intracompany Transfer for Global Professionals

The L-1 visa offers experts who are currently employed by a global corporation a way to shift to a U.S. location. Managers, executives, and workers with specialised knowledge who have worked for a linked company overseas for at least a year straight are eligible for this visa.

The L-1 visa is used by multinational corporations to bring important personnel to the United States for operational, expansion, or business continuity purposes.

6. EB1A: A Direct Path to a U.S. Green Card for Top Achievers

For those with exceptional talent in the arts, sciences, business, education, or sports, the EB-1A visa provides a direct route to a U.S. green card without the need for employer sponsorship. The EB-1A gives you long-term stability in the United States, in contrast to transitory employment visas like the H-1B.

Who is eligible?

People who have received a significant, globally renowned honour (such as a Nobel Prize) or who satisfy three or more of the ten EB-1A requirements and offer compelling proof of ongoing national or worldwide recognition in their field.

Why opt for EB1A?

*Employer sponsorship is not necessary.

*Obtains a green card

*Quicker than EB-2 and EB-3 green card processing

If you are eligible, EB-1A could be your path to permanent residency in the United States without having to wait a long time!