H-1B visa not end of road: Indian workers can try these 9 other US visas

Applicants can consider options like the L-1 intracompany transfer visa, O-1 visa for individuals with extraordinary ability

US Visa
Surbhi Gloria Singh New Delhi
4 min read Last Updated : Apr 03 2025 | 3:49 PM IST
Results of the 2026 H-1B visa lottery are out. As in previous years, the demand far outstripped the supply. With only 65,000 regular cap spots and an extra 20,000 for those with a US master’s degree, many applicants have been left without a visa.
 
But this may not be the end of the road.
 
Those who weren’t selected in the first round will remain in the system, in case the US Citizenship and Immigration Services (USCIS) decides to hold a second lottery. If that doesn’t happen, you can reapply next year or explore other visa categories.
 
“Applicants can consider options like the L-1 intracompany transfer visa, O-1 visa for individuals with extraordinary ability, TN visa for Canadians and Mexicans, and the E-2 investor visa,” said Varun Singh, managing director at XIPHIAS Immigration. He also pointed to other possibilities such as H-3 training visas, the F-1 student visa with OPT extensions, cap-exempt H-1Bs, and green card sponsorship through EB-2 or EB-3 routes.
 
Here’s a look at the most common alternatives.
 
L-1 intracompany transfer visa
 
This allows multinational companies to transfer executives, managers or employees with specialised knowledge to a US office.
 
Eligibility: Must have worked for the company abroad for at least one continuous year in the past three years  
Costs:  
Form I-129: $460  
Anti-fraud fee: $500  
Premium processing (optional): $2,805  
Visa application (DS-160): $190  
 
O-1 visa for individuals with extraordinary ability
 
This visa is for those with recognised achievements in science, education, business, athletics or the arts.
 
Eligibility: Sustained national or international acclaim in your field  
Costs:  
Form I-129: $1,055 (reduced to $530 for small firms and non-profits)  
DS-160 fee: $190  
 
E-2 investor visa
 
For nationals of treaty countries investing in a US business. India is not on the treaty list, but Indian nationals who hold citizenship of an eligible country can apply.
 
Eligibility: Must invest a substantial amount and control at least 50% of the enterprise  
Costs:  
Form I-129: $460  
DS-160: $205
 
H-3 trainee visa
 
This allows foreign nationals to receive training not available in their home country. The programme must not involve regular employment.
 
Eligibility: The training must not be available in your home country  
Costs:  
Form I-129: $460  
DS-160: $190  
 
F-1 visa with OPT and STEM OPT extension
 
F-1 visa holders can apply for Optional Practical Training (OPT) after graduation. Those with degrees in STEM fields can get a 24-month extension.
 
Eligibility: Must study at a SEVP-approved school and be enrolled full-time  
Costs:  
SEVIS fee: $350  
DS-160: $185  
 
Cap-exempt H-1B visas
 
Certain employers—such as universities, non-profits and research organisations—are not subject to the H-1B cap. If you land a job with one of these, you can bypass the lottery system.
 
EB-2 and EB-3 green card sponsorship
 
Employers can sponsor foreign workers for permanent residence.
 
Eligibility:  
EB-2: Advanced degree or exceptional ability  
EB-3: Skilled workers, professionals or unskilled workers  
Costs:  
Form I-140: $715  
DS-260: $345  
I-864 fee: $120
 
J-1 exchange visitor visa
 
This short-term visa is available for interns, trainees, researchers and other exchange programme participants.
 
Eligibility: Must be accepted into a programme approved by the US Department of State  
Costs:  
SEVIS fee: $220  
DS-160: $185  
 
US warns employers over bias against American workers
 
Separately, the US government has warned companies against giving preference to foreign workers over Americans.
 
“Unlawful bias against American workers is a large-scale problem in multiple industries nationwide,” said Andrea Lucas, chair of the Equal Employment Opportunity Commission (EEOC).
 
“Many employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers—in direct violation of federal employment law.”
 
Lucas added, “The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against America workers, you must stop. The law applies to you, and you are not above the law.”

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First Published: Apr 03 2025 | 3:49 PM IST

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