Immigration attorney Felipe Jimenez said there are at least 8 better options for those who were not selected in the H-1B FY2027 lottery.
Immigration attorney Felipe Jimenez said not getting the now-expired H-1B lottery 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 to stay legally in the United States.
Many Redditors expressed frustration as they said this was their last chance to remain in the United States. Jimenez said there are at least eight better options and not just the much-discussed O visa. The O visa has come on the radar as questions have been raised about whether people with truly extraordinary abilities will get that visa or whether it becomes an alternative to the H-1B visa. Some experts have suggested that there is a possibility of a second lottery as they estimate that companies may not file petitions for all those selected in the lottery as companies will have to pay a visa fee of $100,000.
Thus, a second lottery may be needed to fill all maximum points.
Maximum exempt H-1B
The lottery that just ended is for the H-1B cap but there are also H-1b jobs that are exempt from the cap. Universities, institutions of higher education, non-profit entities affiliated with universities, non-profit research organizations, and government research organizations are not subject to this cap of 85,000.
Change to an F-1 visa
Returning to school is a viable option to remain legally in the United States as this changes the visa program back to F-1 and grants additional time, making the individual eligible for OPT, and an OPT extension.
F-1 STEM OPT Extension
Science, technology, engineering, and mathematics (STEM) students on an F-1 visa who are already undertaking Optional Practical Training (OPT) may qualify for a 24-month extension of the STEM OPT program.
First day CPT program
The First Day Program (CPT) is a type of academic program in the United States that allows international students (usually on an F-1 visa) to start working immediately from the first day of the course through so-called Systematic Practical Training (CPT).Jimenez advises using this program with caution because it could result in future visa denial if USCIS decides the program is illegal.
O-1 visa
This visa program is for people with exceptional abilities in science, education, business, athletics, arts, film and television. One has to demonstrate exceptional ability through publications, awards, high salaries, etc.
L-1 visa
Those who work for a multinational company can obtain an L-1 visa to move within the company.
TN visa for Canadians and Mexicans
The TN (Trade NAFTA) visa allows Canadian and Mexican citizens to work in the United States in certain professional occupations. This is faster, simpler, has 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
This is for entrepreneurs who can invest significantly in a US business. Individuals with access to funds can go this route. USCIS will examine the source of the funds.
