How to Work in the U.S. Without H-1B?

If you are not selected for the H-1B, there are alternative ways to work in the U.S., such as F-1 Day 1 CPT, cap-exempt H-1B, H-4 EAD, O-1, and L-1.

If you are not selected for the H-1B lottery, you can consider the following options to continue working in the U.S.:

F-1 Day 1 CPT

This is a suitable path for most people. If you do not get selected for H-1B, you can choose to enroll in a new academic program, maintain your F-1 status, and use CPT work authorization to work in the U.S. Most higher education institutions that support F-1 visas offer CPT courses, but they typically require students to complete one academic year before applying for CPT.

However, there are "CPT schools" that allow students to use CPT from the first day of enrollment. These programs emphasize practical work experience, incorporating internships into the required curriculum and thus allowing students to begin internships on the first day of enrollment. Many international students choose Day 1 CPT to gain work experience while waiting for the next H-1B lottery.

It is important to note that USCIS has strict conditions for using Day 1 CPT. First, the school must be accredited. Secondly, the school must demonstrate to USCIS that the internship is related to the student's course of study.

Cap-Exempt H-1B

You can seek jobs at non-profit organizations, which can provide cap-exempt H-1B. This type of H-1B does not require participation in the H-1B lottery.

O-1 Extraordinary Ability Visa

The O-1 visa is issued to individuals with extraordinary abilities in fields such as science, arts, education, business, athletics, or the movie and television industry.

If you have won a Nobel Prize, an Olympic gold medal, or an Oscar, USCIS will of course fast-track your application. However, the O-1 visa is accessible to many others as well. Even if you just have worked in art or sports in your home country or have studied a related field in the U.S., you may also qualify for an O-1 visa.

The O-1 visa has several advantages: It has no quota limits and allows you to start working immediately upon approval. It covers a wide range of professional fields and its requirements on employers are more flexible. Moreover, it can be renewed indefinitely.

The O-1 visa has two categories:

O-1A

O-1B

Target Group

Individuals with extraordinary abilities in fields other than the arts, such as science, education, business, and athletics.

Individuals with extraordinary abilities in the arts, including film and television.

Requirements

Must meet at least three of the following criteria:

Received significant awards (previously required nationally or internationally recognized awards, but now more awards are accepted, such as an excellent doctoral thesis award).
Membership in a professional association.
Media coverage (standards have been lowered; besides interviews, general work coverage is acceptable).
Judged the work of others in the professional field (e.g., journal reviews by Ph.D. students).
Made original contributions of major significance to the field.
Published articles in professional journals or major media (academic publications during doctoral studies are acceptable).
Participated in a significant event or performance.
Earn a salary higher than peers in the field.

Must meet at least three of the following criteria:

Played a significant role in artistic, film, or television productions.
Recognized by prominent media.
Played an important role in notable artistic works (not necessarily as a lead).
Contributed significantly to a commercially successful product.
Received acclaim or recommendations from industry experts.
Earn a salary higher than peers in the field (a high salary offer can also meet this criterion).

H-4 EAD

If you are an H-4 visa holder, you may be eligible to obtain an H-4 Employment Authorization Document (EAD). This EAD card allows you to work in the U.S. under specific conditions. One major advantage of the H-4 EAD is its flexibility, as it is not tied to a specific employer.

L-1 Visa

L-1 visa holders are employees dispatched to the U.S. by a multinational company from its foreign branch. These employees must be at an executive level or possess specialized knowledge.

If you are in your home country and want to come to the U.S. with an L-1 visa, the most viable approach is to find a job at a multinational company that has a U.S. branch. Once you join the company, you can transfer internally to work in the U.S.
If you are already in the U.S. and your employer has a branch abroad (usually in Canada), you can choose to work at the foreign branch for more than a year, and then return to the U.S. with an L-1 visa.

There are two types of L-1 visas: L-1A and L-1B. The former is for executives, while the latter is for specialized professionals. The maximum duration for an L-1A visa is 7 years, and for an L-1B visa, it is 5 years. However, they are typically renewed annually and must be tied to a single employer, offering less flexibility compared to the H-1B visa.

J-1 (Visiting Scholar) Visa

The J-1 visa is for individuals coming to the U.S. for short-term studies or academic visits. Both J-1 visa holders and their dependents on J-2 visas are authorized to work legally in the U.S.

The J-1 visa is valid for a maximum of 5 years. During this period, you can switch to other work visas like H-1B or O visas to extend your stay or directly apply for a green card. However, some J-1 visa holders must return to their home country for two years after their visa expires. To stay in the U.S., they need to apply for a J-1 waiver.

Green Card

Applying for a U.S. green card is not dependent on the type of visa you currently hold. Simply having a particular visa for a long time does not automatically qualify you for a green card. If you meet the requirements, you can skip H-1B and directly apply for a green card.