USCIS just announced that there will be no second round of the H-1B lottery for the 2026 fiscal year. For the past several years of the online H-1B lottery registration process, USCIS has conducted a second round of H-1B selections in July or August and sometimes also conducted additional lottery rounds later in the year.
Every year, far more people apply for the H-1B than there are spots available. News that there will be no second round drawing for the lottery this year will come as a disappointment for registrants who were hoping for a second chance, but if you weren’t selected for the H-1B lottery this year, there may still be options for you.
Cap-Exempt H-1B
You may still qualify for a cap-exempt H-1B if you’re employed by certain nonprofit or research organizations. These include:
- Accredited nonprofit universities
- Nonprofits affiliated with universities
- Nonprofit or government research organizations
These cap-exempt H-1Bs can be filed year-round and do not count against the annual limit.
Alternatives to the H-1B
There are several pathways to live and work in the U.S. other than the H-1B. These might include:
- STEM OPT Extension: If you are currently on Optional Practical Training and have a degree in a STEM field, you might qualify for an extension.
- Going back to school: Enrolling in another academic program could give you access to work authorization through CPT or Pre-Completion OPT. Talk to your university’s international office to explore this option.
- O-1 Visa: If you have extraordinary achievement or ability in your field, you might qualify for an O-1 Visa. This is a great option if you are eligible, as it can be extended and can be a stepping stone towards a green card.
- Employment-Based Green Card: If your employer is open to long-term sponsorship, you may be able to start the PERM-based green card process. This option doesn’t provide immediate work authorization, so timing, nationality considerations, and current status should be reviewed first.
- National Interest Waiver (NIW) or EB-1 Green Card: If your work has national significance or you have extraordinary achievements, you might qualify for a green card without employer sponsorship or without going through the usual labor certification process. These routes can be complicated, but they offer strong long-term potential.
If you or your employee didn’t get selected in the H-1B lottery, McEntee Law Group is here to help. There’s no one-size-fits-all solution, but with a bit of planning, many people find a path forward.
Feel free to contact our team to set up a consultation at info@mcenteelaw.com or call us at (773) 828-9544.
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