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Last Updated On: April 29, 2025
The H-1B lottery winners for the FY 2025-2026 cap have been selected, and the attorneys/employers who submitted the registrations have been notified. If you were not selected, numerous H-1B alternatives can enable you to work legally in the United States. It’s best to discuss these options with your immigration attorney, so you have the highest chance of obtaining approval with the specific requirements.
Watch our latest video with VisaNation Managing Attorney Shilpa Malik, joined by Attorney Brian Thompto and Attorney Katiana Quindemil provide an overview of H-1B alternatives if you were not selected in the recent H-1B lottery.
If you were selected in the 2025-26 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition. Contact Us
If you were selected in the 2025-26 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
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The best H-1B alternatives in 2025 include:
We’ll explore each of these in depth, so read further to identify which is best for you:
The O-1A visa is a nonimmigrant visa designed for those who possess extraordinary ability or achievement in the following fields: science, arts, education, business, or athletics. Under the broader O-1B, there are other classifications for those who have proven extraordinary achievement in the motion picture or television industry. The petitioning U.S. employer would need to provide evidence to prove that the employee meets the O-1 visa criteria.
The O-1A visa is a good H-1B alternative for established professionals in their field. Why?
The extraordinary ability standard for O-1 is met by “sustained national or international acclaim.” One benefit is that key staff can qualify to come to the U.S. with you under the O-2 visa. For example, if you are a world-renowned scientist, you would bring a lab assistant, assuming they meet the criteria.
P-1 visas are also H-1B visa alternatives, available for certain athletes and entertainers coming to the U.S. temporarily to perform at a specific event, competition, or performance. To qualify for the P-1 visa, individuals must be recognized at an international level. For those seeking a P-1 visa as an athlete, they must provide proof of two of the following:
One of the limitations of the P-1 visa, however, is that dependents of the visa holder cannot work during their time in the U.S. If they wish to, they’ll need to apply for a work visa. Also, P-1 visa entertainers must be performing as a group and not individually.
The visa allows a stay in the United States up to five years with an extension, but not totaling more than ten.
Want to explore H-1B alternatives? Contact VisaNation Law Firm attorneys to learn all of your options. Contact Us
Want to explore H-1B alternatives? Contact VisaNation Law Firm attorneys to learn all of your options.
The L-1A or L-1B visa options are suitable H-1B alternatives for companies with offices in the U.S. that would like to temporarily transfer employees to the U.S.
To be eligible for an L-1A visa, the petitioning employer must establish that the beneficiary:
The H-1B visa and the L-1 visa are two of the most popular types of work visas in the U.S. Under the L-1 visa category, there are two subgroups:
The L-1 visa is a suitable H-1B alternative, but notable differences exist.
The L-1 visa is designed for employees who already work for a foreign branch of a U.S.-based company or plan to carry out operations in the United States on behalf of the foreign-based employer.
In contrast, H-1B visa candidates work as professionals for a U.S.-based company and must have a company willing to sponsor them. Since that’s the case, if you are a working professional in a country outside of the U.S. and your employer (parent company or subsidiary company) is willing to sponsor you at the U.S.-based office, then it may be a more suitable choice.
There is also a distinct difference in the prevailing wage aspect of the L-1 visa versus the H-1B visa. Under the H-1B visa, you must be paid the prevailing wage for the area you intend to work. There is no prevailing wage requirement for the L1 visa.
Another factor to consider is your spouse’s ability to work in the U.S. in addition to you. Currently, an H-1B candidate’s spouse can file for an Employment Authorization Document (EAD) and work temporarily in the U.S. The same is true for L-2 visa holders, spouses, and dependent children (under 21) of the L-1 visa holder. They can also apply for an EAD.
In terms of the ease of acquiring an H-1B visa versus an L-1, that depends on many aspects, including:
You should thoroughly examine all these factors alongside your immigration lawyer before deciding on the best H-1B alternative.
The H-2B program is a potential H-1B alternative, designed so U.S. employers can fill temporary nonagricultural jobs. It is a seasonal or one-time job position open to skilled and unskilled workers, including entertainers, camp counselors, home attendants for terminally ill patients, ski instructors, and business trainers.
To qualify for this type of nonimmigrant classification, the petitioning employer must prove that there are not enough capable and qualified U.S. workers to perform the job, that employing a temporary H-2B worker would not negatively affect the wages or compensation for similar employed U.S. workers and demonstrate that the position is temporary (either a one-time occurrence, seasonal or peak load need).
You must familiarize yourself with the full H-2B requirements. There is a numerical cap on these visas of 66,000 per fiscal year, with 33,000 for workers who start being employed in the first half of the fiscal year, with any unused numbers being made available during the second half of the year.
The DHS announced an increase to the H-2B Cap for 2024 – learn more!
Not selected in the H-1B Lottery and want to explore H-1B alternatives? Contact VisaNation attorneys to learn your options. Contact Us
Not selected in the H-1B Lottery and want to explore H-1B alternatives? Contact VisaNation attorneys to learn your options.
The main differences between the H-2B visa and H-1B visa are the types of occupations that qualify for each and the availability of extensions. The H-2B visa can be extended for a total period of three years, whereas the H-1B can be extended for a total period of six years.
Another big difference is that the H-1B visa is dual intent, which means you can continue living and working permanently through a green card. All you need is to have a U.S. employer willing and eligible to sponsor your green card by filing a PERM Labor Certification and an I-140 Immigration Petition for Alien Worker on your behalf. The H-2B visa does not permit dual intent, so once it expires, you must leave the U.S.
The H-3 visa is a temporary non-immigrant visa in the United States designed for individuals seeking training unavailable in their home country. Primarily used for vocational or non-academic training, the H-3 visa is employer-sponsored and allows foreign nationals to come to the U.S. to receive hands-on experience in a specific field. The training must enhance the participant’s career in their home country, and the program should not be designed to provide productive employment. The H-3 visa is valid for up to two years, and extensions are not typically granted.
This H-1B alternative is the TN visa category, created under the NAFTA agreement and available only for Canadian and Mexican professionals. This visa was developed to strengthen business and trade between the three countries. The visa permits these individuals to work in the U.S. in a NAFTA-approved professional occupation temporarily.
This visa allows professionals to work in the U.S. in specific occupations such as engineers, scientists, and computer systems analysts. The TN visa is initially granted for up to three years and can be renewed.
The TN visa category is more flexible in some ways than the H-1B visa. Under the TN visa, you can stay for up to three years with an indefinite number of three-year extensions thereafter. On the H-1B visa, you can have a three-year extension, but after your six-year limit is reached, you will need to leave the U.S. for at least a year unless the time can be recaptured, or you have started the green card process.
If you end up filing for a green card, you can extend your stay past the six-year limit without having to leave the country for a year. The indefinite extensions on the TN visa make it more appealing to some people than the H-1B visa.
For the H-1B applicants who also happen to be F-1 students, there is the option to stay in the U.S on status and have the ability to work with a 24-month Optional Practical Training (OPT) STEM extension. To qualify, the student must have completed a degree in the sciences, technology, engineering, or math (STEM).
To be eligible, the employer must be an E-verified company, and the extension needs to be filed prior to the current OPT expiring. If your OPT authorization (F-1 work permit) expires before your H-1B employment period begins on October 1 check out this post on the OPT Cap-Gap rule. It allows eligible F-1 holders to maintain their status if they have a pending or approved and selected H-1B petition.
The E-3 visa classification is for nationals of Australia and their spouses/children. Applicants must be going to the U.S. solely to work in a specialty occupation – the same specialty occupation requirements as the H1-B visa. The spouse and children need not be Australian citizens.
Qualifications to obtain an E-3 Visa:
To qualify for the E-3 visa, you must be a national of Australia. If you are, this may be a desirable H-1B alternative, as it has the following benefits:
To apply for the E-3, you can go directly through the U.S. consulate in Australia and don’t have to file an I-129 first.
A J-1 visa is an excellent H-1B alternative as a non-immigrant visa available to aliens who fall under the designation of Exchange Visitor.
J-1 exchange visitors travel to the U.S. through a Department of State-approved sponsor program to:
Individuals who may qualify for J-1 status include:
One of the biggest differences between the J-1 visa and H-1B visa is the two-year home residency physical presence requirement that requires J-1 Visa holders to return home for at least two years after their exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).
If you cannot return home for two years, you must apply for a waiver. The Department of Homeland Security must approve your waiver before you can change status in the United States or receive a visa in certain categories.
Compared to the H-1B visa, which cannot exceed six years for extensions, the J-1 cannot exceed three years. Under the H-1B visa, you can only work for the sponsoring employer in the approved position.
In contrast, with the J-1 visa, you can receive payment from the school/institution that issued the DS-2019 and can also do temporary work (with advance permission) if related to the program you are in. Spouses or children of a J-1 visa holder may come to the U.S. on a J-2 classification, and they can also apply for Employment Authorization Documents (EADs). Still, their compensation cannot substitute for the support of the J-1 visa holder.
If your goal is to start or invest in a business in the U.S., the E visa may be a viable alternative H-1B option. This visa is for individuals from countries that have a treaty of commerce and navigation with the U.S.
To qualify, you must make a substantial investment in a U.S. business and play an active role in its operations. The investment must be “at risk,” meaning it’s subject to potential loss. Alternatively, the U.S. business may also draw revenue from the sale or purchase of goods or products between the U.S. and applicable countries.
Similar to visas discussed above, this class of status provides work authorization for spouses and also permits employees from the same treaty country to enter the U.S. as essential workers or managers. This visa is also renewable for up to 2-year increments indefinitely.
In some cases, it is possible to apply directly for an employment-based green card and avoid the H-1B process altogether. Due to long wait times for an available visa, it may be a more suitable option for foreign workers who:
The government has historically proposed to increase the H-1B cap limit. While there currently isn’t any formal action taken to do so, keep an eye on our blog for the latest developments.
As you can see, there are quite a few alternatives to the H-1B visa if you happened not to be selected for the H-1B FY 2025-2026 Lottery. It’s always advised to review your options with an immigration professional carefully. VisaNation Law Group offers highly competitive filing fees and expertise in all areas of employment-based and family-based immigration.
If you have questions about available H-1B options after the 2021-22 H1B cap has been met, please contact VisaNation Law Group today. They specialize in H1B and other employment and investment cases including the H-1B alternatives discussed above.
