My H-1B registration wasn't selected. What are my options now?
If your H-1B registration was not selected, other options may include O-1 status for individuals who can demonstrate extraordinary ability, a STEM OPT extension if you qualify, or H-1B sponsorship through a cap-exempt employer. Depending on your circumstances, other work-authorized classifications may also be available, and employment-based green card sponsorship may be worth starting as a longer-term strategy. The key is to evaluate these options before your current status or work authorization expires.
| Option | Who it fits |
|---|---|
| O-1 | Individuals who can demonstrate extraordinary ability |
| STEM OPT | F-1 graduates in a qualifying STEM field |
| Cap-exempt H-1B | Universities, affiliated nonprofits, research organizations |
| E-3 | Australian nationals in a specialty occupation; separate annual quota, no lottery |
| H-1B1 | Singaporean and Chilean nationals in a specialty occupation; reserved annual numbers |
| TN | Canadian and Mexican citizens in a profession listed under the USMCA; no numerical cap |
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Related questions
No. USCIS has confirmed that it received enough petitions to meet both the 65,000 regular H-1B cap and the 20,000 U.S. advanced-degree exemption for FY 2027, so there will not be a second selection this year. Employers whose candidates were not selected should now consider other immigration options or plan for the next H-1B cap season.
No. A federal court vacated the $100,000 H-1B payment requirement on June 8, 2026, and DHS is currently complying with that ruling. The government appealed to the First Circuit on June 11, 2026, so the litigation is still ongoing.
Separately, DHS has proposed a new $103,265 fee for H-1B cap-subject petitions. The proposed rule was published on August 25, 2026 and was open for public comment through September 24, 2026. This is a separate fee proposal and does not currently apply to H-1B filings.
See how your own record reads.
We research what is publicly findable about your work and read it against the O-1 and EB-1A criteria, with a source behind every finding. Two to four minutes, and no email to start.