The H-1B lottery remains one of the most competitive immigration processes in the United States. For FY 2026, only 120,141 of the 343,981 eligible registrations were selected—less than 35%. While the H-1B is often seen as the primary route to work in the US, there are multiple alternative visa categories that may be available depending on an individual’s background, nationality, and professional achievements.
Below is an overview of key alternatives, ranging from treaty-based visas to extraordinary ability categories and investment pathways.
Some non-H-1B options are available only to citizens of specific countries:
These categories offer benefits similar to the H-1B and are not subject to annual lotteries, although they generally require US employer sponsorship. One limitation is that most are not dual intent visas, meaning applicants must be careful when pursuing permanent residency.
For nationals of countries with a treaty of commerce and navigation with the US, the E-1 and E-2 categories may be strong alternatives.
Key advantages include:
For those seeking a direct path to permanent residence, the EB-5 program provides an option through investment.
A notable advantage is that in 2025, the EB-5 program is “current” across all countries in certain reserved categories, including India and China. This allows investors already in the US to file adjustment of status applications concurrently, receiving interim work and travel authorization while their green card application is pending.
The O-1 visa is available to individuals who can demonstrate sustained national or international acclaim:
Applicants must meet at least three regulatory criteria (e.g., awards, publications, distinguished memberships) and demonstrate they belong to the small percentage at the top of their field.
Benefits of the O-1 include:
While not being selected in the H-1B lottery can feel discouraging, there are multiple alternative visa and green card pathways that may be more suitable depending on a person’s nationality, career level, and goals. Options such as the TN, E-3, E-1/E-2, EB-5, or O-1 can provide both short-term work authorization and long-term opportunities for US residence.
Careful evaluation of eligibility, timing, and professional objectives is key. For many, the most effective strategy involves exploring several categories in parallel to ensure flexibility and avoid delays in career progression.
Below is an overview of key alternatives, ranging from treaty-based visas to extraordinary ability categories and investment pathways.
Special Visa Categories Based on Nationality and Treaty Eligibility
Some non-H-1B options are available only to citizens of specific countries:
- TN visa (USMCA) – Canadian and Mexican citizens working in qualifying professional roles.
- H-1B1 – Citizens of Chile or Singapore in specialty occupations.
- E-3 – Australian nationals working in specialty occupations.
These categories offer benefits similar to the H-1B and are not subject to annual lotteries, although they generally require US employer sponsorship. One limitation is that most are not dual intent visas, meaning applicants must be careful when pursuing permanent residency.
E-1 Treaty Trader and E-2 Treaty Investor Visas
For nationals of countries with a treaty of commerce and navigation with the US, the E-1 and E-2 categories may be strong alternatives.
- E-1 (Treaty Trader) – for individuals engaged in substantial trade between the US and their home country.
- E-2 (Treaty Investor) – for individuals who make a substantial investment in a US business.
Key advantages include:
- Spouses of E-1/E-2 visa holders can obtain US work authorization.
- Depending on nationality, visas may be issued for up to five years and renewed indefinitely as long as requirements are met.
- Particularly suitable for entrepreneurs, investors, and business owners.
EB-5 Immigrant Investor Visa
For those seeking a direct path to permanent residence, the EB-5 program provides an option through investment.
- Minimum investment: $1,050,000, or $800,000 in a targeted employment area (TEA).
- Must create or preserve at least 10 full-time jobs for qualifying US workers.
- Investment funds must be from a lawful source.
A notable advantage is that in 2025, the EB-5 program is “current” across all countries in certain reserved categories, including India and China. This allows investors already in the US to file adjustment of status applications concurrently, receiving interim work and travel authorization while their green card application is pending.
O-1 Visa for Individuals with Extraordinary Ability
The O-1 visa is available to individuals who can demonstrate sustained national or international acclaim:
- O-1A – For science, education, business or athletics.
- O-1B – For the arts, or achievement in film and television.
Applicants must meet at least three regulatory criteria (e.g., awards, publications, distinguished memberships) and demonstrate they belong to the small percentage at the top of their field.
Benefits of the O-1 include:
- No annual cap.
- Possibility to work with multiple employers via an agent petition.
- Potential stepping stone to an EB-1A green card, which is a self-sponsored category for individuals of extraordinary ability.
Final Thoughts
While not being selected in the H-1B lottery can feel discouraging, there are multiple alternative visa and green card pathways that may be more suitable depending on a person’s nationality, career level, and goals. Options such as the TN, E-3, E-1/E-2, EB-5, or O-1 can provide both short-term work authorization and long-term opportunities for US residence.
Careful evaluation of eligibility, timing, and professional objectives is key. For many, the most effective strategy involves exploring several categories in parallel to ensure flexibility and avoid delays in career progression.