U.S. Citizenship and Immigration Services (USCIS) has issued results for the H-1B visa lottery for the Fiscal Year 2026. This includes the regular and master’s cap for individuals with a U.S. advanced degree. Selection notifications have been posted to all online registrant accounts.
H-1B Lottery Selection Statuses
Each registration will now show one of the following statuses:
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Selected – Eligible to file an H-1B cap-subject petition for the listed employee
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Submitted – Still in consideration for potential future selection rounds
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Denied – Duplicate registration resulted in disqualification
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Invalidated – Failed Payment – Payment issues prevented processing
If selected, employers may begin filing petitions starting April 1, 2025.
The H-1B Lottery: Important but Limited
The H-1B visa lottery is one of the most common ways foreign nationals enter the U.S. workforce. However, demand often far exceeds the available visa numbers. For FY 2026, competition remained high, and many qualified individuals were not selected. Fortunately, the H-1B is not the only option. U.S. immigration law includes several alternative visa pathways based on nationality, job role, employer type, or investment activity.
Top Alternatives to the H-1B Visa
1. CAP-Exempt H-1B Employment
Certain U.S. employers are exempt from the H-1B cap and can file petitions any time of year. These include:
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Institutions of higher education (colleges and universities)
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Nonprofit organizations affiliated with institutions of higher education
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Government research organizations
Professionals employed by these organizations are not subject to the lottery or annual cap.
Concurrent H-1B Employment: If a foreign national works for a CAP-exempt employer, they may also take on a concurrent job with a CAP-subject employer. This allows the individual to work multiple jobs legally while maintaining primary H-1B status with the CAP-exempt entity.
2. TN Visa for Canadian and Mexican Citizens
Under the United States-Mexico-Canada Agreement (USMCA), the TN visa allows Canadian and Mexican professionals to work in the U.S.
TN-1 for Canadians:
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Apply at a U.S. port of entry
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Covers a wide range of professions, including engineers, nurses, and accountants
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Renewable in three-year increments with no limit
TN-2 for Mexicans:
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Apply through a U.S. consulate
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Similar professional eligibility
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Also renewable every three years
3. E-3 Visa for Australian Nationals
The E-3 visa is a work visa specifically for Australian citizens.
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No lottery or annual cap concerns
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Petition not required through USCIS
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Valid for two years and renewable indefinitely
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Suitable for specialty occupations similar to H-1B roles
4. H-1B1 Visa for Singaporean and Chilean Citizens
This category is similar to the H-1B, but with key differences:
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Dedicated annual quotas separate from the main H-1B cap
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No Department of Labor certification required
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Valid for up to 18 months and renewable
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Faster and often more accessible for eligible professionals
5. H-1B Transfers
Employers may hire workers already in H-1B status by filing a transfer petition.
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No lottery involvement
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An employee can begin work as soon as USCIS receives the petition
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Reduces recruitment time and costs by hiring pre-vetted candidates
6. O-1 Visa for Individuals with Extraordinary Ability
The O-1 visa is available for individuals who can demonstrate extraordinary achievement in fields such as:
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Science
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Arts
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Education
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Business
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Athletics
This visa category has no numerical limit and can be valid for up to three years, with extensions available. Documentation must show sustained national or international recognition.
7. E-2 Visa for Treaty Investors
The E-2 visa is for foreign nationals from treaty countries who invest in a U.S.-based business.
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Requires a substantial investment
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Investor must manage or direct the business
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Valid for two years, renewable with no cap on renewals
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Ideal for entrepreneurs and business owners
8. L-1 Visa for Intra-Company Transfers
The L-1 visa supports multinational companies transferring employees to their U.S. operations.
L-1A: For managers and executives
L-1B: For employees with specialized knowledge
The L-1 visa allows dual intent, meaning employees can pursue permanent residency while on L-1 status.
Work Authorization in the U.S.
To legally work in the U.S., foreign nationals must obtain proper work authorization. Employers are responsible for:
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Identifying the correct visa for each position
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Ensuring compliance with immigration law
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Using legal pathways to access international talent pools
What to Do Next
If selected in the H-1B Lottery: File your H-1B petition starting April 1, 2025.
If Not Selected: Consider the options above and speak with a qualified immigration attorney to find the best path forward.
Get Help
At Richards and Jurusik, we help professionals and employers understand their immigration options and take the proper steps. Whether you’re exploring alternatives to the H-1B or seeking guidance on another work visa, our experienced team can help.
Schedule a Consultation with an Immigration Lawyer
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You may have questions regarding the H1B Visa petition process and the H1B Visa lottery. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
