Think Immigration: What Are Alternatives to the H-1B Visa?

Employers are facing the prospect of a $100,000 payment for H-1B petitions, and while efforts to halt the fee through litigation are underway, prospects are uncertain at best. This prospective fee has forced many employers to rethink headcount plans, quarterly budgets, campus recruiting timelines, vendor statement(s) of work, , and October onboarding targets. Per guidance shared by U.S. Citizenship and Immigration Services (USCIS) in October, the $100,000 payment generally applies to new H-1B petitions filed for beneficiaries outside the United States, and it generally does not apply to petitions seeking an amendment, change of status, or extension of stay for individuals already in the U.S. in valid status.

Furthermore, whether litigation from government bodies or legal organizations delay or cancel the payment, hiring decisions are happening now, and projects cannot wait for policy to settle. That’s why I’ve been talking with candidates and employers about how to maintain momentum by evaluating cap-independent options that fit the actual work to be done. Cap-exempt H-1B positions at universities and nonprofit research institutions still exist in specific circumstances, but they won’t meet most private-sector needs. In the near term, two cap-free categories often act as substitutes for roles that would otherwise have defaulted to H-1B: O-1 and L-1.

O-1 Visa for Business, STEM, and Creative Roles

The O-1 is a temporary work visa for individuals who have reached the top tier of their field. It covers science, education, business, the arts, and athletics, and it is not subject to the H-1B cap. To qualify, you show either a major, internationally recognized award or a consistent pattern of evidence such as original contributions of major significance, influential publications or patents, invited judging of others’ work, press recognition, selective memberships, high compensation relative to peers, or critical roles at distinguished organizations. You do not need all of these; the key is demonstrating sustained acclaim and impact that independent sources can corroborate.

For candidates in tech and business, the evidence often looks like widely adopted product launches, performance or security gains tied to your work, leadership in standards bodies, or peer-reviewed citations. For creatives, it may be juried awards, festival selections, gallery representation, or wide-reaching media coverage. An O-1 can be filed by a single employer or by a U.S. agent for multi-client work if engagements are cohesive and within the same field. Initial approval is up to three years, with extensions in one-year increments tied to continuing work. While O-1 is not the classic “dual-intent” category, many candidates pair it with future permanent residence planning once the U.S. role and timing are clear. This approach is permissible under 8 CFR 214.2(o), which clarifies that an O‑1 applicant may concurrently have a pending or approved immigrant petition without jeopardizing their nonimmigrant status. If your track record shows supported, independently recognized impact, O-1 can be not just an alternative to H-1B, but a better substantive fit.

L-1 Visa for Executives, Managers, and Specialists

The L-1 enables an intracompany transfer from a foreign affiliate to a U.S. entity and is also not capped. L-1A is for executives and managers and L-1B is for professionals with specialized knowledge of your company’s products, processes, or systems. Essential eligibility requires one continuous year of qualifying employment abroad within the last three years, a qualifying corporate relationship, and a bona fide U.S. role that matches the classification. L-1A status can total up to seven years (in increments), while L-1B up to five years. Spouses (L-2) are employment-authorized incident to status, which can be a practical advantage for families.

For L-1A, the focus is on executive or managerial authority—directing people and budgets, setting policy, and exercising encompassing decision-making latitude. For L-1B, the emphasis is on proprietary, advanced knowledge that is central to delivering a specific U.S. project or product. If you’re launching or expanding a U.S. office, a “new office” L-1 is possible with credible premises, capital, and early hiring milestones. A further benefit: L-1A managers may align with the EB-1C green card category without labor certification. If you already work for a multinational company and your U.S. assignment depends on leadership or specialized know-how, L-1 can be the most direct way to get on the ground.

Strategy, Sequencing, and Staying Practical

Whether an O-1 or L-1 would work for you depends on your facts. If your influence is recognized across your field and can be shown through independent evidence, O-1 keeps you out of the cap and accommodates both single-employer and agent-based engagements. And if your company has a qualifying affiliate abroad and your U.S. role builds on that global structure, L-1 provides a direct bridge with clear maximum-stay rules and, for managers, a streamlined green card track. Some candidates pursue both—timing an L-1 transfer for near-term project needs while developing an O-1 profile for longer-term flexibility, or vice versa.

Whichever route you consider, align the visa with the work you will actually do in the U.S., make sure the U.S. role matches the category’s requirements, and plan your next step early so extensions and permanent residence do not become fire drills. For candidates already in the United States, H-1B change of status remains financially and procedurally viable under the standard fee schedule; where hiring requires consular processing abroad, the $100,000 payment becomes the key budget variable. In either scenario, O-1 and L-1 remain durable, cap-free tools to keep work on track without the lottery.

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Practitioners who would like to learn more about these options will find practical guidance and samples on these visa types and many others in the Immigration Law Practice and Procedure Manual (the "Cookbook"). The upcoming Midwinter Conference and Webcast will also feature sessions delving into these nonimmigrant visa types.