On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it received sufficient electronic submissions during the initial registration period for Fiscal Year (FY) 2027. USCIS has released selection and non-selection notices to all registrants.
This year’s H-1B lottery registration process introduced high-impact changes in the way USCIS selected registrations. In the past, the salary offered for the H-1B job was not relevant to a foreign national’s chance of selection, in which the only way to increase chances of selection was to qualify for the Master’s Cap. This required the H-1B registrant to have earned a master’s degree from an accredited, non-profit university in the United States. This year, in addition to the Master’s Cap option, there was a new factor for employers to consider to increase the chances of selection. In this year’s H-1B lottery process for the 2027 fiscal year, registrations were entered into the lottery based on wage level. A higher, “Level IV” wage would be entered four times into the lottery, thereby increasing chances of selection. The lowest wage level, “Level I,” would be entered into the lottery only once, thereby decreasing chances of selection. One of the key impacts of this new weighted lottery selection system is that individuals on Optional Practical Training (OPT) or STEM OPT are often entered into the lottery for entry-level or early-career employment opportunities. These jobs normally have lower salaries and are more likely to fall within wage Level I or II, decreasing their chances of selection.
While disappointing to receive notice that an H-1B registration was not selected, there are several alternative work visa options available for many foreign national employees. These options are based on the individual’s background, employment opportunities, as well as short- and long-term goals.
For a recent graduate, an option may be to pursue post-completion optional practical training (OPT) or, for those already on OPT (with STEM-designated degree fields), to extend their OPT for two more years. The latter option provides time for the foreign national to have additional opportunities to be selected in a future H-1B lottery. During this time, the foreign national could attempt to secure an offer of employment that results in a higher wage level to increase their chances of selection in a future H-1B lottery.
Another alternative for individuals not selected in the H-1B lottery is seeking employment with a cap-exempt organization, such as a university or a medical or research institution. H-1B petitions filed by institutions of higher education, non-profit entities affiliated with institutions of higher education, and certain non-profit research organizations are exempt from the cap and may file an H-1B at any time. The position being sponsored by such a cap-exempt organization must still adhere to the specialty occupation requirements for H-1B status and be related to the individual’s academic credentials; they are not subject to the annual lottery.
In addition, foreign nationals from certain countries may qualify for other visa types, including the H-1B1 and E-3. The H-1B1 is a specialty occupation visa available to foreign nationals from Chile or Singapore. Similarly, the E-3 is a specialty occupation visa available to foreign nationals from Australia and can be renewed in two-year increments.
Further, foreign nationals who are married may have the option of working in a dependent status. Certain visas, such as the L-1 for intracompany transferee and E-3 for Australian nationals working in specialty occupations, allow dependents to remain in the U.S. and work for as long as they are in the dependent status, without a separate work authorization application.
Another country-specific option available to Canadian and Mexican citizens is the TN visa. Unlike the H-1B, H-1B1, and E-3 visa options, qualifying for the TN does not broadly require that the position be in a “specialty occupation.” To qualify for the TN, the Canadian or Mexican citizen must be employed in a profession listed in the applicable regulations. This includes professionals such as accountants, engineers, lawyers, pharmacists, scientists, and teachers. The initial TN status is granted for up to three years and is also renewable.
Another option that may be available is the O-1A visa for individuals with extraordinary ability in the sciences, education, business, or athletics, or the O-1B visa for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. An EB-2 National Interest Waiver may also be a good option for those who would like to pursue a green card, particularly for those in emerging fields in STEM or for entrepreneurs in certain fields of national importance. This option can also be very appealing as no employer sponsorship is required, and there is more flexibility to creatively meet the eligibility requirements, which are similar to the requirements for an O-1 visa.
One can also consider returning to school in F-1 status to pursue an advanced degree. Not only does earning a master’s or doctoral degree provide further opportunities for higher-level employment, but it also improves your odds for selection in a future H-1B lottery due to the lottery’s preference for those with U.S. master’s or higher-level degrees.
Working abroad for at least one year with a related entity (e.g., commonly owned) is an option that multinational companies can consider, the L-1 visa can be an option if the individual is then transferred to work for a qualifying organization U.S. This work must be in an executive, managerial or specialized knowledge (knowledge that is unique, distinct, and/or proprietary to the employer) capacity.
Regardless of the alternative path chosen, foreign nationals must ensure they maintain their immigration status while in the United States. This means avoiding impermissible activity, like unauthorized employment or overstaying their authorized period of stay, and timely filing extension applications. In addition, due to recent changes from the Trump administration, foreign nationals should be mindful of the unintended consequences of international travel. Non-citizen individuals in the United States who leave without a valid visa, for example, are likely to face new challenges in visa issuance and admission, such as travel bans, enhanced social media vetting, widespread rescheduling of visa interviews, and increases in administrative processing delays.
With the recent changes to the H-1B lottery selection process and the increased scrutiny from the current administration, it is important to work with an experienced immigration attorney who can unlock creative strategies tailored to your talent’s personal circumstances. Whether it’s pursuing a country-specific visa, leveraging a spouse’s dependent status, or increasing your chances of selection in a future H-1B lottery, there remain several options available.
The material contained in this article does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
Reprinted with permission from the April 13, 2026 edition of The Legal Intelligencer© 2026 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com.
