H-1B Lottery Results: Got unlucky with your application? Expert outlines options

The dream of working in the United States is one that many international professionals cherish. The H-1B visa program, often seen as a golden ticket for skilled workers, has been a gateway for countless individuals looking to advance their careers in the U.S. However, with the recent lottery results leaving many disappointed, it’s essential to remember that this setback does not define your immigration journey. Steven Brown, a Houston-based immigration attorney focusing on business and investor immigration, offers valuable insights and alternative paths for those not selected in the H-1B lottery.
Also Read: USCIS completes FY 2025 H-1B cap initial registration selection process
One of the common misconceptions among international students is that they need to be on Optional Practical Training (OPT) to apply for the H-1B lottery. Brown clarifies, “You do not have to be in the US on OPT to apply for the lottery. So if you are at the end of your OPT time, and are deciding to leave the US, you can still apply for the H-1B lottery in the future.” While finding a sponsor might be a bit more challenging, it’s not an impossible task. This flexibility provides hope for many who may have thought their chance was lost with the end of their OPT.
The H-1B visa is just one of several high-skilled visa categories available. Brown points out, “H-1B is not the only path. There are a number of high-skilled visa categories out there.” Here are some alternatives he suggests exploring:
O-1 Visa: This visa is for individuals with extraordinary ability or achievement in fields such as science, arts, education, business, or athletics. With the current administration’s focus on STEM fields, AI, and emerging technologies, the O-1 visa could be a viable option that many haven’t previously considered.
TN Visa: Available for Canadian and Mexican nationals, this visa is for professionals in specific occupations covered by the United States-Mexico-Canada Agreement (USMCA).
E-3 Visa: Exclusively for Australian nationals, this visa is similar to the H-1B but tailored for Australians.
E-1/E-2 Visa: For nationals of treaty countries engaged in substantial trade (E-1) or substantial investment (E-2) in the United States.
L-1 Visa: If your company has international offices, you may qualify for an L-1 intra-company transfer visa.
Brown adds, “You may also be able to go straight through the employment-based green card process, unless you are from a #greencardbacklog country. #EB5 is certainly a high investment but is current in all countries.”
For those currently on OPT or STEM OPT, Brown reassures, “Your current OPT/STEM OPT is not affected. If you have OPT until 2025, that has not changed if you were not selected.” This means you can continue working and gaining valuable experience while exploring other immigration avenues.
While Brown is cautious not to give false hope, he mentions an interesting trend, “In the last four fiscal years, only one has not had a second lottery. I do not suggest betting on this fact, but we will come to find out in July most likely.” It’s an aspect worth keeping an eye on, although it’s advisable not to rely solely on this possibility.