The H-1B Lottery Is Over—What Are Your Options Now?

The H-1B lottery results for 2025 have been announced, and we understand the disappointment felt by the thousands of qualified candidates and employers. The demand for the H-1B far exceeds what is available, with over 440,000 applicants in 2025 and only 85,000 H-1B visas up for grabs.

Fortunately, you still have options if you were not selected in the H-1B lottery. In addition to the H-1B visa, there are several viable alternatives.

Alternatives to the H-1B Visa

The H-1B visa is not the only option for securing employment in the United States. Depending on a candidate’s qualifications and circumstances, they may be eligible for other common visa categories, such as:

• Cap-exempt employers
• O-1 visas
• Status changes

Cap-Exempt Employers

If you qualify for a position with a cap-exempt employer, you could still be granted an H-1B and don’t have to wait for the next H-1B lottery. Specific categories of employers are H-1B cap-exempt and can apply for an H-1B at any time, including:

• Higher education institutions
• An organization related to or affiliated with a higher education institution
• Nonprofit or governmental research organizations

With extensive experience in these areas, our firm is here to assist you in determining whether or not an employer qualifies for the cap-exempt category.

O-1 Visa

The O-1 nonimmigrant visa is for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. Additionally, the O-1 visa is for those who have demonstrated a record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally.

The O-1 visa has no annual cap and the potential for indefinite extension as long as work in the same career field continues. It also provides flexibility for freelance or project-based work, making it a promising alternative.

The O-1 visa can be challenging to obtain, but our experienced attorneys can help evaluate your case.

Status Changes

If an individual is already working in the United States, another potential option is a status change. A change of status means the employee can remain in the U.S. under a different visa category.

Depending on the circumstances, there are several visa options to pursue:

• F-1 student status is for someone enrolling in a new academic program.
• B1/B2 visitor status is for a temporary stay if more time is needed before leaving the U.S., although you may not work.
• Dependent visas (F-2, H-4, L-2, etc.) may be an option if you have an eligible parent or spouse, meaning you may qualify to remain as a dependent.
• An O-1 visa allows you to remain in the U.S. while you continue working.

Note that there are certain forms required by U.S. Citizenship and Immigration Services (USCIS) if you are applying for a change of status. Form I-539 is filed by the employee if seeking a change of status. Form I-129 is filed by the employer if seeking an employment-based visa like the O-1 or cap-exempt H-1B.

Other Options

In addition to the above options, there are several other alternatives to the H-1B to consider.

• An L-1 visa intracompany transferee allows multinational employers to transfer employees from an overseas office to one in the U.S.
• The TN visa is available to Canadian and Mexican citizens who are accountants, engineers, lawyers, pharmacists, scientists, and teachers.
• An E-2 Visa is for investors and employees of qualifying companies from treaty countries.
• An F-1 OPT/STEM-OPT extension may be an option if you are a recent graduate with F-1 status.
• A J-1 visa is for those participating in visitor-exchange programs.

If you are denied an H-1B visa, one of the above might be an option. Each has different qualifications, benefits, and limitations.

Contact our office to discuss the best choice for your situation.

What to Do After H-1B Rejection

Being denied an H-1B visa is disappointing and can be very disheartening. Thankfully, other options exist for pursuing your career in the U.S. Our immigration attorneys are ready to help you evaluate your circumstances, opportunities, and timeline. We will guide you through the best possible option for your situation.

Consulting with one of our experienced and knowledgeable attorneys means you can navigate the process with vital support and more confidence. We are here to guide you every step of the way.

Contact us today so we can get you started on your important journey.