Alternative Visa Options When You’re Not Selected for FY 2025 H-1B Cap

Published: August 19, 2024

The U.S. Citizenship and Immigration Services (USCIS) conducted a second round of random selection to meet the regular numerical allocation for FY 2025, which is below the 65,000 visa regular cap. The USCIS selected these additional registrations from the original pools, excluding those that were exempt because of their advanced degrees.

Initially, no action was necessary from petitioners or beneficiaries. But the second selection for the H-1B lottery was over on August 5, 2024. Out of the 14,534 registrations, the USCIS selected 13,607 beneficiaries. Selected petitioners in the second round can now proceed with the filing until November 7, 2024. 

Meanwhile, a substantial number of skilled professionals in the US workforce still missed out on this opportunity. Although frustrating, several pathways are available if you’re unsuccessful in the second lottery. 

ALG Lawyers, Los Immigration Lawyers, can help you seek other immigration avenues depending on your qualifications and circumstances. But as a starting point, let’s explore the following alternatives to maintain your work authorization and remain in the US. 

H-1B With a Cap-Exempt Employer

Not all employers are subject to the fiscal year quota for H-1B visas. These employers can submit H-1B petitions anytime without undergoing the annual lottery selection. Examples of H-1B cap-exempt employers include: 

• Institutions of higher education
• Non-profit entities with relation or affiliation to colleges and universities 
• Some nonprofit or governmental research organizations 

Suppose your H-1B lottery entry is unsuccessful. You might want to consider a position with an H-1B cap-exempt employer. Despite a likely pay cut, an H-1B status with a cap-exempt employer can help secure your immigration status and work authorization in the US. It also lets you take jobs for cap-subject employers as well. 

Country-Specific Work Visas

Trade treaties allow the US  to provide special work visa options for foreign nationals of certain countries. Besides costing you less, the processing times of these alternatives are typically faster. In some circumstances, they may also offer more extended validity periods than the H-1B visa. 

While they don’t lead to a green card, the following visa categories can be an alternative path if you’re a national of Canada, Mexico, Chile, Singapore, and Australia: 

TN visas

Under the United States-Mexico-Canada Agreement (USMCA), eligible Canadian and Mexican professionals can secure TN nonimmigrant visas to work temporarily in the US for prearranged professional-level occupations. The list of eligible TN visa professions includes but is not limited to engineers, lawyers, accountants, teachers, and scientists. 

The validity of TN visas is initially  up to three years. But TN visa holders can extend their status in three-year increments. There’s no cap on renewals as long as you can maintain your eligibility, one of which is employment with a US company. You can’t qualify for a TN visa if you’re self-employed or working for an entity where you’re a controlling shareholder. 

H-1B1 visas

According to the Free Trade Agreement (FTA) with Chile and Singapore, the US grants H-1B1 visas to citizens of both countries to work temporarily in specialty occupations or those specified in the trade agreements. 

There are no restrictions on the number of US professionals who can enter Chile and Singapore. However, the US only allows 1,400 Chilean and 5,400 Singaporean professionals to enter the country under the H-1B1 program annually. 

While H-1B1 visas adhere to most H-1B rules, petitioners don’t need prior approval from the USCIS. A labor certification from the employer is required, but workers can apply directly for H-1B1 visas at a US consulate. 

Moreover, unlike the three-year validity periods in H-1B visa status, H-1B1 visas are initially valid for one year, with the possibility of renewal in one-year increments. 

E-3 visas

Australian professionals in specialty occupations can get employment authorization under the E-3 visa category. Congress limits the issuance of E-3 visas to 10,500 every fiscal year. But applications rarely reach the annual cap. 

This visa option allows eligible Australian nationals to remain in the US for an initial period of two years and may apply for an extension in two-year increments. But to do so, you must maintain employment and prove your intent to return to Australia at the expiration of your status. 

E-1 and E-2 Visas

Citizens of countries with US Trade treaties can acquire  E-1 visas for trade-related activities or E-2 visas for investment in US businesses. These visa alternatives are also available for essential employees of similar nationalities as investors or traders. 

Dependent Visa Status

In some circumstances, spouses and children of primary visa holders can apply for work authorization through dependent status. Various types of dependent visas are available, and the ability to work differs significantly based on the valid status of the H-1B1 holder. 

For instance, you’re a spouse of H-1B visa holders. In that case, you may be able to apply for an H4 visa. However, it’s only possible to acquire work permits if your H-1B spouse is progressing towards a green card. Yet, even without employment authorization, you can stay in the US while looking for new H-1B sponsorships. 

Employment-Based Green Card

Although not an immediate source of work permits, a green card application provides a long-term pathway to live and work in the US. It’s crucial to note that you don’t always need employer sponsorship to apply for an employment-based green card. 

Suppose you don’t have an employer willing to sponsor you. Certain categories will permit self-petition for a green card. But for employment-based immigrant visas, self-petitioning is limited to those with extraordinary ability (EB-1) and National Interest Waiver (EB-2). 

Explore H-1B Alternatives With ALG Lawyers

Despite solid qualifications, many applicants are unsuccessful in the H-1B lottery. Employers and employees typically face difficult odds with the limited number of available H1-B visas each year. Given the highly competitive nature of the selection process, understanding your options with an immigration lawyer is beneficial. 

We at ALG Lawyers can cover a wide range of services for you, from providing guidance on the overall process to ensuring you have all the right documents and exploring the best alternative pathways for your situation. Connect with our team today to learn to get started.