Can I switch to a B-2 after losing my H-1B job?

You can file a timely change of status to B-1/B-2 before your grace period ends, which can extend your authorized stay while you handle personal matters or plan your departure. B-1/B-2 is a visitor status, so you cannot work on it.Use it for time and orderliness, not to keep earning.

What happens to H-1B time if the green card stalls?

If your green card case stalls, an approved Form I-140 lets you extend the H-1B beyond the standard six-year limit, so you do not run out of status while you wait. A one-year extension is available when a labor certification or I-140 has been pending long enough.A three-year extension is available when an approved I-140 cannot yet convert to a green card because a visa number is not available.

Which industries sponsor the most H-1B visas?

IT services and consulting firms file the highest volumes, followed by big tech, professional services, and financial services. Healthcare, universities, and research organizations also sponsor heavily, with the latter two often qualifying as cap-exempt.The mix shifts year to year as fees, lottery rules, and hiring cycles change, so check the most recent USCIS data for your specific field rather than assuming last year's pattern still holds.

Can I apply for an H4 EAD from outside the United States?

No. You must be physically present in the United States when you file Form I-765.If you're abroad, you'll need to first enter the U.S. on a valid visa for H-1B spouse status and obtain or apply for H-4 dependent status before submitting the EAD application.

Can dependents of O-1 or H-1B visa holders attend public school in the U.S.?

Yes. Children with O-3 or H-4 visas may attend public schools without additional authorization.

H-1B not selected? Your visa options explained

If you were not selected in the H-1B lottery, you still have several strong visa options to continue working in the United States. The H-1B lottery selects roughly 85,000 registrations each year from a pool that regularly exceeds 400,000, so non-selection doesn't reflect your qualifications. It means the numbers weren't in your favor this round. The good news: alternatives like cap-exempt H-1B positions, the O-1A visa, L-1 intracompany transfers, and OPT extensions can keep your career on track while you plan your next move.

This guide breaks down each option so you can figure out which path fits your situation, whether you're on OPT, already working under another visa status, or considering re-entering the lottery next year.

Cap-exempt H-1B: skip the lottery entirely

The most direct alternative after H-1B non-selection is finding an employer that's exempt from the annual cap. Cap-exempt employers can file H-1B petitions year-round without going through the lottery, which means you can start the process immediately rather than waiting until next year's registration window.

Cap-exempt employers include institutions of higher education (universities, colleges, community colleges), nonprofit organizations formally affiliated with those institutions, nonprofit research organizations, and government research organizations. If you work for or can find a role at one of these employers, they can sponsor your H-1B at any time.

There's one important limitation to keep in mind: if you later want to move to a cap-subject employer (most private companies), you'll need to go through the lottery at that point. Some people maintain a part-time role at a cap-exempt employer while transitioning, but the rules here are specific and worth discussing with an immigration attorney. For a complete breakdown of how cap-exempt H-1B works, including transferability rules and eligible employers, read our cap-exempt H-1B guide.

O-1A visa: no cap, no lottery, no degree requirement

The O-1A is a nonimmigrant visa for individuals with extraordinary ability in business, science, education, or athletics. Unlike the H-1B, there's no annual cap, no lottery, and no degree requirement. You need to demonstrate that you meet at least 3 out of 8 criteria that USCIS (U.S. Citizenship and Immigration Services) uses to evaluate extraordinary ability.

Many professionals who've been working in specialized fields for several years qualify without realizing it. The 8 criteria include things like awards or prizes for excellence, published material about your work, original contributions of major significance to your field, a high salary relative to others in the field, and serving as a judge of others' work. If you've earned industry recognition, published research, received patents, or commanded above-average compensation, the O-1A may be a realistic path.

The O-1A does require more documentation than a standard H-1B petition, since you need to build an evidence package showing extraordinary ability. But the payoff is significant: no lottery risk, no annual cap, and a natural stepping stone to the EB-1A green card, which also doesn't require PERM labor certification.

Take the free O-1A eligibility assessment to see how your profile stacks up, or explore the full O-1A visa guide for detailed requirements.

Not sure which visa fits your profile?Get matched with visa options based on your background and goals.

Start visa match

L-1 visa: transferring within a multinational company

If you currently work for a company with offices both inside and outside the United States, the L-1 intracompany transfer visa could be an option. The L-1 lets multinational companies transfer employees from a foreign office to a U.S. office, and it has no annual cap or lottery.

There are two subcategories. The L-1A is for managers and executives, while the L-1B covers employees with specialized knowledge of the company's products, services, or processes. Both require that you've worked for the foreign affiliate for at least one continuous year within the last three years.

The L-1 works well for professionals who are already employed by a company with global operations, since the sponsoring employer handles the petition through Form I-129. It's also worth noting that the L-1A provides a direct green card pathway through the EB-1C (Multinational Manager or Executive) category. For more details on the L-1, visit the L-1A visa guide.

Maintaining F-1 status: CPT and OPT extensions

If you're currently on F-1 student status, you have built-in options that can buy time while you plan your next visa move. Curricular Practical Training (CPT) allows you to work while enrolled in a qualifying academic program, and Optional Practical Training (OPT) gives you up to 12 months of post-graduation work authorization. If your degree is in a STEM field, you can apply for a 24-month STEM OPT extension, bringing your total OPT period to 36 months.

Some professionals who aren't selected in the H-1B lottery choose to enroll in a new academic program that offers CPT, which lets them continue working while maintaining legal status and becoming eligible for the lottery again. This isn't a permanent solution, but it's a practical bridge that keeps your career moving forward while you re-enter the H-1B lottery or build qualifications for an O-1A or other visa category.

H-1B not selected 3 times: can you keep trying?

Yes. There's no limit on how many times you can register for the H-1B lottery. Each fiscal year is an independent selection round, so being passed over once, twice, or three times doesn't affect your future chances. The registration fee is $215 per beneficiary per year, and your employer submits the registration electronically during the March window.

If you've been unsuccessful in multiple lottery rounds, it's worth broadening your strategy. Having more than one employer register you increases your chances, since each registration is a separate entry. You can also explore cap-exempt positions as an interim step, or invest time in building the kind of profile that qualifies for an O-1A, which removes the lottery from the equation altogether. The H-1B video course covers the full registration process and strategies for strengthening your petition.

Comparing your visa options after H-1B non-selection

Option	Best for	Cap or lottery	Employer requirement	Timeline
Cap-exempt H-1B	Professionals who can work at universities, research orgs, or affiliated nonprofits	No cap, no lottery	Must be a qualifying cap-exempt employer	File anytime
O-1A	Professionals with notable achievements in their field	No cap, no lottery	U.S. employer or agent	File anytime
L-1A/L-1B	Employees of multinational companies with foreign offices	No cap, no lottery	Must have worked 1 year at foreign affiliate	File anytime
CPT/OPT	Current or prospective F-1 students	N/A	Work authorization tied to academic program	Tied to enrollment
Re-enter H-1B lottery	Anyone eligible for H-1B sponsorship	Subject to annual cap	Employer registers during March window	Next fiscal year

Use the Visa Compare tool to see how these options stack up for your specific situation.

Find your best visa option