The H-1B visa is a favored choice for skilled international workers looking to work in the United States. Yet, due to the large pool of applicants and limited slots available, many eligible candidates do not make it through the yearly selection process. However, this doesn't mean your aspirations to work in the US are impossible to fulfill. There are other visa types available that can assist you in reaching your career objectives.

1. Alternative Visa Options for H-1B Visa
The H-1B visa is a favored choice for skilled international workers looking to work in the United States.
Yet, due to the large pool of applicants and limited slots available, many eligible candidates do not make
it through the yearly selection process. However, this doesn't mean your aspirations to work in the US
are impossible to fulfill. There are other visa types available that can assist you in reaching your career
objectives.
Navigating the H-1B Notification Procedure
The US Citizenship and Immigration Services (USCIS) communicates the results of the H-1B lottery
directly to employers or their legal representatives, rather than to the applicants themselves. This
approach helps protect sensitive details by limiting access to approved individuals. If you haven't
received an update on your application status, it's advisable to contact your employer or attorney for
the latest information.
Exploring Other Visa Options
Fortunately, the H-1B visa isn't your only avenue for employment in the US. Consider these alternative
visas:
1. O-1 Visa for Individuals with Extraordinary Ability:
The O-1 visa is intended for individuals who possess extraordinary abilities in the sciences, arts,
education, business, or athletics, or who have demonstrated a record of extraordinary achievement in
the motion picture or television industry. Here’s a general overview of the process for applying for an O-
1 visa:
1. Determine Eligibility
The first step in the O-1 visa process is to determine whether you meet the criteria for extraordinary
ability. This typically requires that you have received a major, internationally-recognized award, such as
a Nobel Prize, or evidence of at least three of the following:
 Receipt of nationally or internationally recognized prizes or awards for excellence in your field.
 Membership in associations that require outstanding achievements, as judged by recognized
national or international experts.
 Published material about you in professional or major trade publications, or other major media.
 Participation as a judge of the work of others in your field.
 Original scientific, scholarly, or business-related contributions of major significance.

2.  Authorship of scholarly articles in professional journals or other major media.
 Employment in a critical or essential capacity for organizations and establishments that have a
distinguished reputation.
 High salary or other significantly high remuneration about others in the field.
 Commercial successes in the performing arts, as shown by box office receipts or other
indicators.
2. Find a U.S. Sponsor or Agent
To apply for an O-1 visa, you need a U.S. employer, agent, or sponsor to file the petition on your behalf.
The sponsor can be an employer, an agent representing multiple employers, or in some cases, the
applicant's agent.
3. Prepare the Petition
Your sponsor or agent must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. This
form should be accompanied by a written advisory opinion from a peer group or a person with expertise
in your field, a contract between the petitioner and beneficiary, and evidence that demonstrates the
beneficiary's extraordinary ability.
4. Compile Supporting Documentation
As part of the petition, you will need to compile extensive documentation to support your extraordinary
abilities claim. This includes awards, letters of recommendation, evidence of high salary, publications
about your work, and other relevant materials.
5. File the Petition
The completed Form I-129 along with all supporting documentation should be filed with the appropriate
USCIS Service Center. The petition may be subject to premium processing for an additional fee, which
expedites the review process to within 15 calendar days.
6. USCIS Processing and Decision
After submission, USCIS will review the petition. If the petition is approved, you can apply for the O-1
visa at a U.S. consulate or embassy in your home country. This involves completing the DS-160 form
online, paying the visa application fee, and scheduling a visa interview.
7. Visa Interview and Approval
During the visa interview, you will need to present your passport, application confirmation page,
appointment letter, and other supporting documents. The consular officer will determine if you are
eligible to receive the O-1 visa based on the interview and your documentation.

3. 8. Enter the United States
Once the visa is granted, you can travel to the U.S. The O-1 visa is typically issued for the duration of the
event, performance, or activity that you need to participate in, up to a maximum initial stay of three
years. Extensions can be granted in one-year increments as necessary.
It's advisable to work with an immigration attorney to ensure that your petition is as strong as possible,
as the criteria and documentation for the O-1 visa can be quite complex and demanding.
Pros: There’s no cap on the number of visas issued each year, it covers various professions, sponsorship
requirements are relatively flexible, allows for indefinite renewals, and grants immediate work
authorization once approved.
Cons: High qualification standards with extensive documentation required, careful preparation, specific
expertise in a field is essential, and employer sponsorship is necessary.
2. L-1 Visa for Intracompany Transfers:
The L-1 visa is designed for intra-company transfers, allowing multinational companies to relocate
certain employees to their U.S. offices. This visa is specifically targeted towards managers, executives, or
employees with specialized knowledge. Here’s a detailed overview of the process for applying for an L-1
visa:
1. Determine Eligibility
First, determine if the employee fits one of the two L-1 visa categories:
 L-1A for Managers and Executives: This category is for those who direct the management of the
organization or a major part or function of the organization.
 L-1B for Employees with Specialized Knowledge: This applies to those who possess specialized
knowledge valuable to the company’s processes, techniques, or management.
2. Employer Files Petition
The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with USCIS on behalf of
the employee. This petition should include:
 Proof of the employer’s business status and operations in the U.S. and abroad.
 Evidence that the employee has been employed with the overseas company for at least one
continuous year within the three years before the application.
 A detailed description of the job duties in the U.S., and how the employee qualifies as a
manager, executive, or specialized knowledge worker.
3. Supporting Documentation

4. The petition must be accompanied by:
 Documents proving the legal relationship between the U.S. and the foreign company (e.g.,
articles of incorporation, financial statements, annual reports).
 Evidence that the U.S. company has adequate physical premises.
 Documentation of the employee’s qualification and employment for the last three years.
 A letter of support detailing the nature of the position and its necessity to the company.
4. USCIS Processing
Once the petition is filed, USCIS will process it, which may take several months unless premium
processing is requested for an additional fee, which guarantees a response within 15 calendar days.
5. Visa Application
If the petition is approved, the employee can apply for the L-1 visa at a U.S. embassy or consulate in
their home country. This involves:
 Completing the Online Nonimmigrant Visa Application, Form DS-160.
 Scheduling and attending a visa interview.
 Provide a passport, photo, confirmation page of the form DS-160, and interview appointment
letter, along with the USCIS-approved petition.
6. Visa Interview
During the visa interview, the consular officer will verify that all the information provided is correct and
that the employee qualifies for the L-1 visa based on their role in the company.
7. Enter the United States
Once the visa is issued, the employee can travel to the U.S. L-1A visas are typically granted for an initial
period of up to three years with the possibility of extending up to a total of seven years, while L-1B visas
can be extended up to a total of five years.
8. Spouse and Dependents
Spouses and unmarried children under 21 years of age may apply for L-2 visas, allowing them to
accompany the L-1 visa holder during their stay in the U.S. Spouses on L-2 visas may also apply for work
authorization.
Working with an immigration attorney is highly recommended to navigate the complexities of the L-1
visa process and to ensure that all legal requirements are meticulously fulfilled. This helps in smoothing
the transition and increasing the chances of application approval.

5. 3. EB2 NIW Visa for National Interest Waiver:
The EB2 NIW visa category is part of the U.S. employment-based, second-preference visa category. It
allows individuals with exceptional ability in the sciences, arts, or business, or advanced degree
professionals, to request a waiver of the job offer and labor certification requirements based on the
premise that their contributions are in the national interest of the United States. Here's how the process
typically unfolds:
1. Determine Eligibility
To qualify for an EB-2 NIW visa, you must either hold an advanced degree (a degree at a level above a
baccalaureate, or a baccalaureate degree plus at least five years of progressive experience in your
profession) or have exceptional ability in your field of expertise. Exceptional ability means a degree of
expertise significantly above that ordinarily encountered.
2. File Form I-140, Petition for Alien Worker
The applicant or their representative must file Form I-140, Petition for Alien Worker, with U.S.
Citizenship and Immigration Services (USCIS). Unlike other employment-based visa categories, EB-2 NIW
petitions do not require a job offer or labor certification if the waiver is granted, meaning the applicant
can self-petition.
3. Submit Supporting Documentation
The petition should be accompanied by substantial evidence to demonstrate that the applicant’s
presence and work in the U.S. would greatly benefit the nation. This typically includes:
 Evidence of an advanced degree or exceptional ability.
 Documentation of past contributions to the field and their significance.
 Letters of recommendation from peers, governmental entities, or professional organizations
that recognize the individual’s achievements and contributions to the industry or field.
 Proof that the individual’s endeavors have national importance and are well positioned to
advance those endeavors.
4. Show that National Interest Would be Adversely Affected
The applicant must convincingly demonstrate that requiring a labor certification would adversely affect
the national interest. This involves showing that the individual's contributions are urgent or that they
have substantial merit and national importance.
5. USCIS Processing
Once the I-140 petition and supporting documents are submitted, USCIS reviews the petition. Processing
times can vary significantly based on the service center and the complexity of the case. Using premium
processing by paying an additional fee can speed up the decision to within 15 calendar days.

6. 6. Wait for Decision
After reviewing the petition, USCIS will issue a decision. If the petition is approved, the applicant can
adjust their status to permanent resident (green card holder) if they are already in the U.S., or they can
proceed with visa processing at a U.S. consulate or embassy abroad.
7. Adjustment of Status or Consular Processing
 Adjustment of Status: If in the U.S., the applicant files Form I-485 to adjust their status to a
lawful permanent resident.
 Consular Processing: If outside the U.S., the applicant goes through consular processing at a U.S.
embassy or consulate in their home country.
8. Final Steps
The final steps involve attending an interview (if required), and then upon approval, the individual
receives their green card.
Recommendations
Given the complexity and the high standard of proof required, it is highly advisable to work with an
immigration lawyer who specializes in EB-2 NIW petitions to maximize the chances of approval. An
attorney can help tailor the application to highlight how the applicant’s work benefits the U.S. in
substantial ways and meets the stringent criteria set by USCIS.
4. J-1 Visa for Trainees and Interns:
The J-1 visa program provides opportunities for gaining practical work experience in the U.S. It is
designed for those looking to undertake training or internships in their respective fields, potentially
paving the way for future employment visas.
Pros: Offers hands-on work experience within the U.S. and opportunities for networking with
professionals in the field.
Cons: Requires obtaining sponsorship through a designated J-1 program, is only valid for a specific
period, and might not apply to all career fields.
Final Thoughts
Numerous skilled candidates miss out on the H-1B lottery each year. It's important to thoroughly
evaluate other visa alternatives and seek advice from an immigration lawyer to identify the most
suitable route for your particular circumstances. By staying persistent and exploring all your options, you
can still realize your American dream.