Didn't get selected in the H-1B lottery? You're not alone. But the good news is--there are other ways to legally work in the U.S! In this article, we'll walk through 9 alternatives to the H-1B visa, using the story of Priya, to demonstrate how to evaluate your options.
Table of Contents
Quick Guide
Meet Priya: Our Case Study
Option 1: Cap-Exempt H-1B Visas
Option 2: L-1 Visas
Option3 : Nation-specific Visas (E-3, TN, H-1B1)
Option4 : Dependent Visas (E-1S, E-2S, E-3S, L-2S, H-4)
Option 5: Day 1 CPT
Option 6: O-1 Visa
Option 7: Employment-Based Green Card (EB-1, EB-2, EB-3)
Option 8: Green Card without Sponsor (EB-1, Extraordinary Ability Category)
Option 9: J-1 for Internships and Training
Before we dive into Priya’s story, here’s a simple decision framework to help you start evaluating your options.
Ask yourself the following questions:
- Does your employer qualify as a university, research institute, or nonprofit?
👉 If yes, consider Cap-Exempt H-1B.
- Does your employer have an overseas office where you've worked?
👉 If yes, consider L-1.
- Are you a citizen of Canada, Mexico, Singapore, Chile, or Australia?
👉 Citizens of Canada or Mexico can consider TN.
👉 Citizens of Singapore or Chile can consider H-1B1.
👉 Citizens of Australia can consider E-3.
- Are you a spouse of a visa holder?
👉 You may qualify for dependent visa statuses that grant work authorization.
- Have you achieved significant recognition in your field?
👉 If yes, consider O-1 or EB-1.
- Will your employer sponsor a green card?
👉 If yes, consider EB-2 or EB-3.
- Can you enroll in a new degree program?
👉 If yes, consider Day 1 CPT.
- Are you open to short-term internships or cultural exchange roles?
👉 If yes, consider J-1.
Note: You may qualify for more than one option. In many cases, combining a short-term fix (like Day 1 CPT or J-1) with a long-term strategy (like O-1 or EB-2) offers the most suitable path forward.
Not sure what's right for you? Book a free consultation with us!
- Name: Priya Sharma
- Background: U.S. Master's Degree in Computer Science with 2 years OPT used
- Citizenship: India
- Job: Data Scientist at a U.S. startup
- Challenge: OPT ending soon, but H-1B not selected. What now?
Option 1: Cap-Exempt H-1B Visas
Cap-exempt H-1B visas are issued to individuals sponsored by employers that are exempt from the annual H-1B cap. These employers include:-
Institutions of higher education
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Nonprofit entities related to or affiliated with an institution of higher education
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Nonprofit research organizations
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Governmental research organizations
✅ What are the advantages?
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No limit to number of approvals ewach year.
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Year-round filing.
❓ Can Priya use it?
No--unless she switches to a qualifying employer.
The startup that Priya currently works for is not a cap-exempt employer. However, she could apply for cap-exempt H-1B if she finds a position at a university, or even a non-profit startup partnering with one.
Option 2: L-1 Visas
L-1A and L1-B visas are issued to foreign workers at overseas multinational companies who transfer to U.S. offices. The foreign worker has to have worked at an overseas office for more than a year before becoming eligible.
✅ What are the advantages?
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No limit to number of approvals each year.
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Maximum duration of 5-7 years, comparable with H-1B duration.
❓ Can Priya use it?
No--for now.
Her startup doesn't have an overseas branch where she's worked. However, if they expand globally, this could become an option.
E-3, TN, and H-1B1 are visas that allow foreign nationals from specific countries to work in specialty occupations in the U.S.
✅ What are the advantages?
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Unlimited renewals.
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Either has no cap or cap is rarely reached.
❓ Can Priya use it?
No.
Priya is not a citizen of a qualifying country (Australian for E-3, Canada or Mexico for TN and Singapore or Chile for H-1B1).
Option 4: Dependent Visas (E-1S, E-2S, E-3S, L-2S, H-4)
The E-1S, E-2S, E-3S, and L-2S visas are designated for the spouses of E-1, E-2, E-3, and L-2 visa holders, respectively, and they include automatic work authorization as part of their status.
Spouses of H-1B visa holders who have made progress in the green card process can apply for H-4 status and get a work permit.
✅ What are the advantages?
-
No limit to number of approvals each year.
❓ Can Priya use it?
No.
Priya is not legally married.
Option 5: Day 1 CPT
The F-1 visa status allows for Curricular Practical Training (CPT), authorizing international students to work in the U.S. Some specific programs (generally referred to as Day 1 CPT Programs) allow students to work full-time with CPT from the fist day.
✅ What are the advantages?
- Broader eligibility.
❓ Can Priya use it?
Yes--with caution.
Priya's master's level STEM OPT is ending, but she could enroll in a second master's program that offers CPT authorization throughout the program. She will have to make sure to find a compliant school with a program related to her field of work.
Option 6: O-1 Visa
O-1 visas are issued to individuals who:
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Possesses extraordinary ability in sciences, arts, education, business, or athletics.
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Has a demonstrated record of extraordinary achievement in the motion picture or television industry.
✅ What are the advantages?
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No limit to number of approvals each year.
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Can be extended indefinitely with no maximum duration.
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More flexibility in terms of employers.
❓ Can Priya use it?
No--for now.
Priya is early in her professional career. If she builds up a profile to demonstrate extraordinary ability/achievements, she could qualify in the future.
Option 7: Employment-Based Green Card (EB-1, EB-2, EB-3)
EB-2 and EB-3 grants permanent residency through employer sponsorship. Certain categories of EB-1 also require employer sponsorship.
✅ What are the advantages?
-
Permanent solution.
❓ Can Priya use it?
Yes--with effort and time.
Priya's employer could sponsor her under EB-2 or EB-3, but the process takes time so she still might need a different visa to maintain employment authorization.
Option 8: Green Card without Sponsor (EB-1, Extraordinary Ability Category)
The Extraordinary Ability category of EB-1 grants permanent residency to individuals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. It does not require employer sponsorship.
✅ What are the advantages?
-
No employer sponsorship required.
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Permanent solution.
❓ Can Priya use it?
No--for now.
Similar to O-1, Priya could qualify in the future if she builds up a profile to demonstrate extraordinary ability/achievements.
Option 9: J-1 for Internships and Training
J-1 visas are issued to individuals participating in approved study-based or work-based exchange programs. Not all J-1 visas authorize employment -- it depends on the terms of the exchange program.
✅ What are the advantages?
-
No limit to number of approvals each year.
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Dependents could be authorized to work.
❓ Can Priya use it?
Maybe.
If she can find a suitable program, this could buy her some time.
Conclusion: Priya’s Path Forward
Priya ’s situation is one many international students face. With a U.S. master’s degree in computer science and a promising role as a data scientist, she has the qualifications—but not yet the visa stability—to stay in the country long-term. Her H-1B not being selected adds pressure, but it doesn't close all doors. Here’s how Priya might sequence her strategy:
1. Enroll in a second master’s program offering CPT (short-term fix).2. Work on building credentials for an O-1 or EB-1.
3. Explore long-term options like a green card through employer sponsorship.
She may also want to consult immigration experts on:
- Partnering for an E-2 workaround.
- Applying for a J-1 training program.
- Long-term timeline for a green card.
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