Numerous H-1B alternatives are available that authorize you to work legally in the United States. If you weren’t selected in the latest H-1B lottery or don’t meet the eligibility criteria, discuss your options with an immigration attorney for the highest chance of approval.
Contact VisaNation attorneys to explore H-1B Alternatives
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.
What are H-1B Alternatives in 2026?
Some key H-1B alternatives include:
- O-1
- L-1
- F-1
- TN
- H-3
- E-1 and E-2
- E-3
- J-1
We’ll explore each of these in depth, so read further to identify which is best for you:
O-1 Visa: Individuals with Extraordinary Ability or Achievement
The O-1A visa is a good H-1B alternative for established professionals in their field, as it is not cap-subject, so you’re not bound by firm visa allotment numbers.
Additionally, the O-1 visa is granted for up to three years, but you can apply for unlimited extensions granted in one-year increments.
There are two sub-categories of the O-1:
- The O-1A visa is a non-immigrant visa designed for those who possess extraordinary ability or achievement in science, arts, education, business, or athletics.
- The O-1B is for those who have proven extraordinary achievement in the motion picture or television industry.
The petitioning U.S. employer must provide evidence that the employee meets the O-1 visa criteria.
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 renowned scientist, you would bring a lab assistant, assuming they meet the criteria.
L-1 Visa for Temporary Workers
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.
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.
Thus, 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 the L-1B may be a suitable alternative.
Under the L-1 visa category, there are two subgroups:
- L-1A – The L-1A visa is for managers and executives
- L-1B – while the L-1B visa is for those who possess specialized knowledge
L-1 Qualifications
To be eligible for an L-1A visa, the petitioning employer must establish that the beneficiary:
- Has worked with the foreign office/branch, or subsidiary, for at least one year within the last three years
- Is a manager, executive, or employee with specialized knowledge.
A key benefit of the L-1 is your spouse’s ability to work in the U.S. Spouses of L-1 visa holders have employment authorization incident to status, meaning the spouse does not need to apply for authorization separately.
In terms of the ease of acquiring an H-1B visa versus an L-1, that depends on many aspects, including:
- The number of qualified workers available in the U.S. for the job (if seeking the H-1B visa)
- The availability of U.S.-based offices (if seeking L-1)
- The number of applicants the H-1B lottery receives.
You should thoroughly examine all these factors alongside your immigration lawyer before deciding on the best H-1B alternative.
F-1 Optional Practical Training Extension
F-1 students have the option of Optional Practical Training (OPT), which allows these visa holders to stay in the U.S for 36 months (12 months of initial OPT + the 24-month 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.
The best way to know if your degree qualifies for the 24-month extension is to check your Form I-20. Next to the major, you will see a CIP Code (e.g., 11.0701 for Computer Science). If that code appears on the DHS STEM List, you are eligible for the extension.
TN Visa for Canadian and Mexican Professionals
The TN visa category is available to Canadian and Mexican professionals. The visa permits these individuals to work in the U.S. in a USMCA-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.
TN Visa Versus H1B Visa
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 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.
Want to explore H-1B alternatives? Contact VisaNation Law Firm attorneys to learn all of your options.
E-3 Visa: Specialty Occupation Workers from Australia
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 H-1B visa. The spouse and children need not be Australian citizens.
Qualifications to obtain an E-3 Visa:
- Are a national of Australia
- Have a legitimate offer of employment in the U.S.
- Possess the necessary academic or other qualifying credentials
- Will fill a position that qualifies as a specialty occupation
E-3 Visa versus H1B 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:
- You won’t be subject to the H-1B lottery.
- There is typically less competition for E-3 visas than H-1B visas.
- You can renew it indefinitely, just like the TN visa.
- Unlike the H-1B visa, your company avoids additional costs associated with filing the H-1B visa, like the ACWIA and Fraud Prevention Fees.
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.
J-1 Visa: Exchange Visitor Program
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:
- Teach
- Study
- Receive training
- or demonstrate special skills.
J-1 Qualifications
Individuals who may qualify for J-1 status include:
- Business trainees
- Primary and secondary school teachers
- College professors
- Research scholars
- Medical residents
- Interns receiving medical training within the U.S.
- And other specialists.
J-1 Visa versus H1B Visa
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.
Extensions
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.
Work authorization and Payment
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.
E-1 Treaty Trade and E-2 Treaty Investor
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.
Qualifications
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 committed and 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.
Work Authorization, Extensions, and Dependents
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.
H-3 Trainee Visa
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.
Obtain Permanent Residency
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:
- Are from countries other than China or India. See the latest Visa Bulletin.
- Have a bachelor’s or master’s degree plus five years of experience.
H-1B Alternatives: Next Steps
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 2026-2027 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.