As of July 2025, U.S. Citizenship and Immigration Services (USCIS) has officially reached the congressionally mandated cap for H-1B visas for Fiscal Year 2026. This includes 65,000 regular H-1B visas and an additional 20,000 visas under the U.S. advanced degree exemption, commonly known as the “master’s cap.” While new cap-subject H-1B petitions are no longer being accepted, USCIS continues to process petitions that are cap-exempt, including extensions for current H-1B holders, changes in employment terms, transfers between employers, and concurrent H-1B employment.
For individuals not selected in the H-1B lottery or affected by layoffs, several viable alternatives remain available to maintain lawful status and remain in the United States.
Several immigration pathways remain available for individuals impacted by H-1B cap limitations or employment termination. Each option serves a distinct purpose, and the right path depends on one’s background, goals, and current immigration status.
One practical strategy is exploring cap-exempt H-1B employment. Roles with qualified nonprofit entities, academic institutions, and research organizations are not subject to the annual H-1B lottery and can be filed at any time throughout the year. These opportunities are particularly well-suited to professionals in education, healthcare, and scientific research who meet the employer’s criteria.
For entrepreneurs or individuals with ownership in U.S.-based companies, the beneficiary-owned H-1B visa may be an option. This route allows individuals to work for a business they have invested in, provided a clear employer-employee relationship exists and all regulatory requirements are met. Although more complex, this pathway is increasingly utilized by startup founders and independent professionals.
Canadian and Mexican nationals may consider the TN visa under the United States–Mexico–Canada Agreement (USMCA), while Australian citizens may apply for the E-3 visa. Both categories require a valid job offer in a designated specialty occupation but avoid the uncertainty of the H-1B lottery, making them attractive alternatives for eligible applicants.
Another potential route is shifting to a dependent visa category, such as H-4, L-2, F-2, or J-2, if a spouse holds a valid visa status. These options permit continued lawful residence in the U.S., and in some cases—such as L-2 and J-2—also offer employment authorization, which can provide short- to medium-term flexibility.
Highly qualified professionals with demonstrated achievements in their field may qualify for the O-1 visa, reserved for individuals with extraordinary ability in areas such as science, education, business, technology, or the arts. Although the evidentiary standard is high, the O-1 offers cap-exempt status and broad flexibility for eligible applicants.
Those planning to pursue full-time academic study may benefit from a change of status to F-1 (student visa). With premium processing now available, this option allows for a relatively quick transition. It also offers the chance to gain new qualifications or switch career paths, provided full-time enrolment and academic progress are maintained.
As a temporary solution, individuals may apply to change status to B-2 (visitor visa) to remain in the U.S. legally while evaluating long-term options. Although USCIS has archived prior guidance identifying B-2 as a post-layoff bridge, applications are still being approved, typically within two to three months. However, returning to H-1B status from B-2 may trigger heightened scrutiny, such as Notices of Intent to Deny (NOIDs), making this a short-term measure rather than a long-term fix.
Finally, individuals must be aware of growing enforcement trends. USCIS has increasingly issued Notices to Appear (NTAs), even for those with pending change-of-status applications or within grace periods. Therefore, it is critical to file any extension, transfer, or change-of-status request before the expiration of current status. Failure to act in a timely and accurate manner may result in unintended immigration consequences, including removal proceedings.
Immigration Fleet offers legal support tailored to your immigration needs. Our experienced team works closely with professionals navigating layoffs, status transitions, and long-term immigration planning. We provide personalized guidance on change-of-status strategies, cap-exempt petitions, and future H-1B preparation, ensuring filings are accurate, timely, and compliant with evolving USCIS policies.
While the H-1B cap closure and widespread layoffs pose real challenges, foreign professionals still have multiple pathways to remain in the United States. Taking early action, understanding your options, and working with experienced immigration counsel—such as Immigration Fleet—can help you maintain lawful presence and build a more secure future.
