On March 31, 2026, USCIS announced that it had received enough registrations to reach the Fiscal Year 2027 H-1B cap. Selected registrants may file their Form I-129, Petition for a Nonimmigrant Worker beginning April 1, 2026. Petitions for selected registrants must be filed prior to June 30, 2026. Additional H-1B drawings may be made if the initial pool of petitions filed does not satisfy the H-1B cap.

Those not selected in the H-1B lottery should consult an immigration attorney as soon as possible to develop a strategy for potential options available.  

F-1, Student

One option to consider is continuing your education. Those still in school may wish to pick up an additional major, requiring additional classes to be completed before the degree program can be finished. For those who have already graduated, they may wish to begin a new degree program in a new field or a higher level of education, such as a Masters degree or a Ph.D.  

Applicants seeking a change status to F-1 must first apply to and be accepted by a university that has been certified by the Student and Exchange Visitor Program (SEVP). Applicants may then apply for a change of status with USCIS or for a visa in their home country upon receiving approval from their chosen university.

One benefit of holding F-1, Student status is the availability of Optional Practical Training (OPT). F-1 students are eligible for 12 months of work authorization per higher educational level (i.e., 12 months after obtaining a Bachelors degree, 12 months after obtaining a Masters degree, and 12 months after obtaining a Ph.D.). Applicants with qualifying STEM degrees may be able to extend their OPT by an additional 24 months in certain circumstances with STEM OPT.

Using OPT allows students to gain work experience after completing their degree program and also gives them at least one more chance at entering the H-1B lottery. 

TN USMCA Professional

Citizens of Canada and Mexico should also consider employment through TN status. This status - available by way of the USMCA Free Trade Agreement (formerly NAFTA) between the United States, Mexico, and Canada – can be obtained for those with a job offer in one of the 63 enumerated professions within the USMCA.

Canadians can apply for TN status directly at a Port of Entry when traveling to the United States. Mexican applicants are required to apply for a visa stamp by attending an interview at a U.S. Consulate in Mexico.

While TN status does not offer the same dual intent as the H-1B status does, it is often a quicker alternative – especially for Canadian citizens – to filing for H-1B status. 

L-1, Intracompany Transfer

If the company seeking to hire you in the United States has a related entity abroad, the L-1, Intracompany Transfer may be a viable option. 
Applicants who have one full year of employment outside of the United States in either a managerial or specialized knowledge role are eligible to apply for L-1 status. Of course, the downside of this option is that it requires you to leave the United States for over one year.

To qualify for the L-1 visa, you must show 365 days of employment in a qualifying role outside of the United States. Any time you spend in the United States for business or personal travel during that one year period does not count toward the required 365 days. Once the one year requirement has been met, a Form I-129, Petition for a Nonimmigrant Worker must be filed. In most cases, the Form I-129 will need to be filed with USCIS for review and approval. Once approved, most applicants will be required to attend an interview at a U.S. Consulate in order to obtain a nonimmigrant visa.  The entire process can take several months which only extends time spent outside of the United States.

L-1 status is dual intent, just like H-1B, which allows you to intend to immigrate while also holding the nonimmigrant status. 

E-1, Treaty Trader or E-2, Treaty Investor

E-1 and E-2 visas are reserved for nationals of countries with which the U.S. has a treaty of commerce and navigation, or equivalent agreement. This stands out as a potential option for some applicants, depending on whether their country of nationality holds a qualifying treaty with the United States. Some countries may qualify for E-1 but not E-2 and vice versa. You will need to check that your country qualifies.

E-1, Treaty Traders are coming to the U.S. to carry on substantial trade, including trade in services or technology, chiefly between the U.S. and the treaty country. An applicant may qualify as the trader or as an employee of a qualifying trading company only if he possesses the same nationality as the company.

E-2, Treaty Investors are coming to the U.S. to actively invest in a real and operating commercial enterprise. There must be some funds invested at the time of the application, speculative investments do not qualify. An applicant may qualify as the investor or as an employee of a qualifying trading company only by possessing the same nationality as the company.

E-1 and E-2 status would allow you to run and manage your own company allowing for a range of employment opportunities, which differs from the employer-specific H-1B status. However, the path to a green card is not straightforward from E-1 and E-2 status as you cannot sponsor yourself for an immigrant petition. 

Explore Family-Based Options

If you have any immediate family members who are US citizens or green card holders, you may want to explore your available pathways through family-based immigration.

US citizens are eligible to sponsor their spouses, children (both adult children and children under 21), and siblings. Green card holders are eligible to sponsor their spouses, children under 21, and unmarried adult children.

While family-based immigration can take a longer amount of time from start-to-finish, it is an avenue worth exploring if you fall into one of the eligibility categories. 

Try Again Next Year

If you are not selected, there is nothing that prevents you from registering again in future years so long as you have a bona fide job offer each time you register. You may register in the lottery even if you are outside the United States; returning to your home country does not preclude you from trying again until you are selected.  

You may also choose to register in the lottery if you have another nonimmigrant status. Some applicants may want to change from another nonimmigrant status to H-1B if it has been determined that holding H-1B status is beneficial most beneficial for their long-term strategy and employment opportunities. 

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Contact the Law Offices of James D. Eiss today to schedule a consultation regarding your next steps.