Important Updates
Important Updates
July 11, 2025 | United Arab EmiratesThe National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible
July 11, 2025 | CanadaCanada: Cap Introduced for Family Reunification Applications in Quebec
July 11, 2025 | CyprusCyprus: New EU Blue Card Rules Adopted
July 11, 2025 | FinlandFinland: New Employment Commencement Notification Obligation for Employers
July 11, 2025 | 🌐Minimum Salary Changes Announced
July 11, 2025 | United Arab EmiratesThe National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible
July 11, 2025 | CanadaCanada: Cap Introduced for Family Reunification Applications in Quebec
July 11, 2025 | CyprusCyprus: New EU Blue Card Rules Adopted
July 11, 2025 | FinlandFinland: New Employment Commencement Notification Obligation for Employers
July 11, 2025 | 🌐Minimum Salary Changes Announced
July 11, 2025 | United Arab EmiratesThe National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Not Getting Selected in the H-1B Lottery is Not the End of the Road: Other Options May Be Available

June 20, 2025

Not Getting Selected in the H-1B Lottery is Not the End of the Road: Other Options May Be Available

Related contacts

Photo of Parisa Karaahmet

Parisa Karaahmet

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 891 7593

Photo of Mehmet Esat Acar

Mehmet Esat Acar

Associate

New York, NY, United States

Email

[email protected]

T:+1 929 638 3407

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Parisa Karaahmet

Parisa Karaahmet

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 891 7593

Photo of Mehmet Esat Acar

Mehmet Esat Acar

Associate

New York, NY, United States

Email

[email protected]

T:+1 929 638 3407

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Parisa Karaahmet

Parisa Karaahmet

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 891 7593

Photo of Mehmet Esat Acar

Mehmet Esat Acar

Associate

New York, NY, United States

Email

[email protected]

T:+1 929 638 3407

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Parisa K. Karaahmet, Mehmet Esat Acar

Given the competitive nature of this year’s H-1B lottery, many qualified individuals were not selected. In FY 2026, only 120,141 of the 343,981 eligible registrations were selected—less than 35%. While the H-1B visa is often viewed as the most common path to working in the United States, the immigration landscape is more diverse than many realize. Fortunately, there are several alternative visa categories to consider, including options that do not require employer sponsorship and some that offer a direct path to a green card.

The following alternative options may be suitable depending on an individual’s background, field and nationality.

Special Visa Categories Based on Nationality and Treaty Eligibility

Individuals from certain countries may be eligible for specific treaty-based visa classifications that are not subject to quotas or have quotas that historically have not been reached. For instance, Canadian and Mexican citizens working in qualifying professional roles under the USMCA may apply for the TN visa. Citizens of Chile or Singapore may qualify for the H-1B1, and Australian nationals may be eligible for the E-3 visa.

These visas offer similar benefits to the H-1B and, in some cases, involve fewer procedural hurdles. However, unlike the H-1B, these are not dual intent, meaning that pursuing permanent residency while on these visas can carry additional risks and complications. Moreover, these visas generally require sponsorship by a US employer.

E-1 Treaty Trader and E-2 Treaty Investor Visas

Another treaty-based option is the E-1/E-2 visa category, which is available to nationals of countries with which the U.S. maintains a treaty of commerce and navigation (more than 70 countries). The E-1 visa allows an individual to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country. The E-2 allows an individual to develop and direct the operations of an enterprise in which the individual has invested a substantial amount of capital that is not marginal (an investment that can generate more than minimal income for the investor and their family).

One advantage of the E-1/E-2 visa category is that spouses on a dependent E-1/E-2 visa are eligible for work authorization in the U.S. In addition, depending on the applicant’s nationality the visa can be issued for up to five years. E-1/E-2 visas can generally be renewed indefinitely, as long as the qualifying business remains active and continues to meet the requirements. This visa may be an ideal fit for entrepreneurs looking to acquire or build their own businesses in the US, or conversely to work for an enterprise that is at least 50 percent owned by nationals of the same country. 

EB-5 Immigrant Investor Visa

In contrast to these temporary visa options, the EB-5 is an immigrant visa category which offers a direct path to US permanent residency (green card) through investment. It is distinct from the E-2 visa in that it leads to a green card and typically does not entail the same level of involvement in the management of the enterprise.

The EB-5 visa requires making a minimum investment of $1,050,000, or $800,000 in a targeted employment area (TEA), that creates or preserves at least 10 full-time jobs for qualifying US workers. The investment must come from a lawful source and may be gifted to the investor, as long as the gift is properly documented, and the donor's source of funds is also lawful.

A key advantage of the EB-5 program is that the priority date is “current” across all countries, including traditionally backlogged countries such as India and China, for investments in the set-aside categories (rural areas, high unemployment areas, infrastructure projects). This means that qualified applicants can file their Form I-526E (Immigrant Petition by Regional Center Investor) and, if physically present in the US, concurrently file Form I-485 for adjustment of status (the green card application) without waiting years for a visa number to become available. While they are waiting for their Green Cards to be approved, they will receive interim employment authorization and advanced parole travel authorization documents, valid for five years.

However, visas may not remain "current" for much longer. Interested individuals should act quickly if they want to benefit from a concurrent green card filing.

O-1 Extraordinary Ability Visa

Finally, for the highly accomplished individual, the O-1 nonimmigrant visa is available to those who can demonstrate sustained national or international acclaim in their field. This visa category is split into two subcategories:

      • O-1A: For individuals with extraordinary ability in sciences, education, business, or athletics. To qualify, applicants must meet at least three out of eight regulatory criteria or have a major award.
      • O-1B: For individuals with extraordinary ability in the arts, or extraordinary achievement in the motion picture or television industry. To qualify, applicants must meet at least three out of six regulatory criteria or have a major award.

In addition to meeting at least three of the regulatory criteria, applicants for the O-1 visa are subject to a final evaluation of the totality of all of the evidence in the record. The applicant must establish that they are an individual who has sustained national or international acclaim and is one of the small percentage who have arisen to the very top of their field for an O-1A or that they are an individual who has sustained national or international acclaim and has achieved distinction in the field of arts for an O-1B.

Although the eligibility threshold is high, the O-1 may be a viable option for individuals with a strong record of accomplishment, especially in niche or specialized industries. Importantly, there is no annual cap for the O-1 visa and in certain cases, a US agent may serve as the petitioner, allowing an individual to work with multiple clients or employers. This arrangement may be especially beneficial for those in creative industries or who work on a project basis. Once an individual is on an O-1 visa, they may be able to further strengthen their credentials to meet the requirements for the EB-1A immigrant visa category, which offers a self-sponsored path to a green card.

Final Thoughts

The US immigration landscape is increasingly challenging, with heightened scrutiny of applications, extended processing times and shifting government policies. However, with the right strategy, individuals can still achieve their short- and long-term immigration goals. Fragomen successfully helps clients identify and pursue alternatives to the H-1B lottery while navigating today’s complex and rapidly evolving immigration landscape.

For those uncertain about the most suitable immigration pathway based on their qualifications and aspirations, consultation with an experienced immigration attorney is strongly recommended to ensure a thorough evaluation and a well-structured plan.

Need to know more?

For questions related to the US immigration process, please contact Partner Parisa Karaahmet at [email protected] and Associate M. Esat Acar at [email protected].

This blog was published on June 20, 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram. 

Related contacts

Photo of Parisa Karaahmet

Parisa Karaahmet

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 891 7593

Photo of Mehmet Esat Acar

Mehmet Esat Acar

Associate

New York, NY, United States

Email

[email protected]

T:+1 929 638 3407

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Parisa Karaahmet

Parisa Karaahmet

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 891 7593

Photo of Mehmet Esat Acar

Mehmet Esat Acar

Associate

New York, NY, United States

Email

[email protected]

T:+1 929 638 3407

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Parisa Karaahmet

Parisa Karaahmet

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 891 7593

Photo of Mehmet Esat Acar

Mehmet Esat Acar

Associate

New York, NY, United States

Email

[email protected]

T:+1 929 638 3407

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.