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Employment Immigration
My employer wants to sponsor me for an H-1B visa but the lottery has not selected me twice. Are there any other options?
James T. May 14, 2026
Yu, South & Associates
Immigration Attorney · Dallas, TX

This is one of the most common situations we see, and the good news is that there are several strong alternatives depending on your background and circumstances.

Cap-Exempt H-1B: Certain employers such as universities, nonprofit research organizations, and government research institutions are exempt from the H-1B annual cap. If you can find a qualifying employer, you can obtain an H-1B without the lottery.

O-1 Visa (Extraordinary Ability): If you have received recognition for outstanding achievements in your field, such as publications, awards, or a high salary, you may qualify for an O-1A visa. There is no cap and no lottery.

TN Status: If you are a Canadian or Mexican national, the TN classification under USMCA allows professionals in certain fields to work in the US without cap limitations.

L-1 Intracompany Transferee: If your employer has a related foreign office where you worked for at least one continuous year in the past three years, an L-1 transfer may be an option.

EB-2 National Interest Waiver: For highly qualified professionals, pursuing a green card directly through the EB-2 NIW may actually be a faster long-term solution than continuing to enter the H-1B lottery, and it does not require employer sponsorship.

We would be happy to evaluate which path makes the most sense for your specific qualifications. Please schedule a consultation at your convenience.

This response is general legal information and does not constitute legal advice or create an attorney-client relationship. Schedule a consultation for advice specific to your situation.
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