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- sbali@balilawusa.com
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We get it! Waiting for the H-1B lottery results to feel like a nerve-wracking game of chance. And if your name didn’t get picked, you might be wondering, What now?
Take a deep breath, you still have options! At Bali Law, we help professionals like you find alternative pathways to work in the U.S. Whether it’s a second-chance lottery, a cap-exempt visa, or another work visa entirely, we’ll help you figure out your next move.
Let’s explore your options together!
Did you know you might still have a shot at an H-1B?
If you weren’t selected for the March 2025 lottery, don’t panic just yet. USCIS usually runs a second-chance lottery in July or August, reallocating H-1B slots that weren’t used by applicants who missed the filing deadline.
Tip: If you’re on this waitlist, have a backup plan in case your name isn’t drawn again! (Keep reading for more options.)
Did you know some H-1Bs don’t go through the lottery at all?
If you can get a job with a university, a nonprofit affiliated with a university, or a nonprofit research organization, you may qualify for a cap-exempt H-1B. That means:
In FY 2020, over 41,000 such petitions were approved, with trends suggesting 40,000-60,000 annually, including roles like physicians at teaching hospitals (93% cap-exempt in FY 2019). After USCIS confirmed the FY 2025 cap was reached by December 2, 2024, this route remains open, offering stability without lottery risks.
Tip: Not just professors! Any specialty occupation role (IT, research, administration, etc.) at an eligible organization could qualify.
Are you from Canada, Mexico, Australia, Chile, or Singapore? You might have a shortcut!
Certain countries have special work visas that are easier to get than an H-1B; If you qualify for one of these visas, it’s usually the best alternative to H-1B!
For example: TN Visa – For Canadians & Mexicans which is extremely attractive because it is renewable indefinitely. In FY 2023, approximately 40,000 TN visas were issued at U.S. ports of entry or consulates, offering a streamlined option for eligible nationals.
Similarly, E-3 Visa – For Australian professionals unselected in the H-1B lottery, the E-3 offers an immediate workaround if they secure a qualifying U.S. job offer. Employers benefit from predictable timing and lower costs, avoiding the H-1B’s uncertainty. However, eligibility hinges on citizenship, so this option is niche but powerful for those it applies to. it is similar to H-1B but with less competition and lower fees.
As of March 2025, consular posts like Sydney report visa issuance within 1-2 weeks for complete applications, per U.S. embassy updates.
And then there is, H-1B1 Visa – For individuals from Chile or Singapore who were not selected in the FY 2025 H-1B lottery, the H-1B1 visa offers a tailored alternative to maintain work authorization in the United States. Established under free trade agreements—the U.S.-Chile Free Trade Agreement (effective 2004) and the U.S.-Singapore Free Trade Agreement (effective 2004)—the H-1B1 mirrors the H-1B visa’s focus on specialty occupations but comes with unique advantages: no lottery, a separate annual quota, and a streamlined process. For Chileans & Singaporeans this route is recommended because it has a much faster approval process.
In FY 2022, the Department of State issued approximately 300 H-1B1 visas (an exact split unavailable but low relative to the 6,800 cap), reflecting underutilization. FY 2025 data isn’t fully available as of March 31, 2025, but posts on X and consular updates suggest consistent availability.
To conclude some countries, have special trade agreements with the US that make immigrating comparatively convenient and quicker, to summarize these nation specific alternatives are recommended because there is:
Come discuss with us if you also have such alternative options available!
Are you already working for a multinational company outside the U.S.?
You might be able to transfer to their U.S. office on an L-1 visa. The L-1 visa allows multinational companies to transfer executives, managers (L-1A), or employees with specialized knowledge (L-1B) from a foreign office to a U.S. affiliate. In FY 2023, over 70,000 L-1 visas were issued, showcasing its utility for corporate mobility. Talk to your HR team about an L-1 transfer—many multinational companies are open to it!
Extraordinary in your field?
If you have extraordinary ability in science, technology, business, arts, or athletics, you might qualify for an O-1 visa. Processing time as of early 2025 typically ranges from 2-4 months at USCIS service centers though if you choose to apply with premium processing with an additional fee, it can be gained typically within 15 calendar days. Anecdotal evidence from immigration law communities as of March 2025 suggests a surge in the O1 filings post H’1B Lottery. Though exact numbers cannot be confirmed until the fiscal year ends in September- In 2022, the most recent year with detailed public data from the U.S Dept of State, 19,100 O1 visas were issued of which almost 90% petitions were approved from the adjudicated cases – demonstrating its viability as a very strong uncapped alternative.
What counts as extraordinary?
Think about awards, published work, patents, high salary, or media coverage.
Tip: If you’ve got a strong resume and industry recognition, this might be your golden ticket!
Have an entrepreneurial mindset?
The E-2 investor visa lets you start or buy a business in the U.S. if you’re from a treaty country. For the most current list of E-2 treaty countries, visit the U.S. Department of State’s Treaty Countries page: travel.state.gov For treaty country nationals unselected in the H-1B lottery, the E-2 offers a proactive solution if they can invest in or join a qualifying U.S. business.
In FY 2022, the Department of State (the last updated public document), issued approximately 43,000 E-2 visas (including dependents), reflecting strong use by treaty nationals.
Tip: This is perfect for entrepreneurs with investment capital ($50,000+ recommended).
Are you a recent U.S. college graduate?
You might be eligible for Optional Practical Training (OPT), If your degree qualifies for a STEM extension, you can stay in the U.S. for up to 3 years while trying for H-1B! which lets you work for:
12 months (regular OPT) +24 months (STEM extension for tech/science fields)
Tip: If you are nearing the end of OPT, consider enrolling in a new academic program for additional CPT (Curricular Practical Training) or transitioning to STEM OPT. we can advise on maintaining status and planning for future H-1B attempts.
Are you married to an L-1, or E-2 visa holder?
Just like how if your spouse is on an H-1B with an approved I-140, you can work in the U.S. on an H-4 EAD. If you are married to an L-1, or E-2 visa holder, you might be eligible for work authorization (EAD), allowing you to work in any field.
Navigating dependent visa: H-4, L-2, or E-2—requires precision to secure family unity and work rights. At Bali Law we streamline EAD applications, advise on status transitions, and align strategies with your H-1B alternative. Contact us to explore these options post-FY 2025 lottery.
What’s Your Next Step? Let’s Talk!
Let’s turn this challenge into an opportunity!
Missing out on the H-1B lottery can feel frustrating, but you’re not out of options! The key is to find the right visa strategy for your situation—and that’s where we come in — we specialize in tailoring immigration strategies to your unique circumstances. Contact us today for consultation to assess your options and help you maintain lawful status.
Schedule a consultation with Bali Law today! Our team will:
Don’t let the H-1B lottery stop you—let’s find another way!
Contact us now to get started.
