Best for documented contributors
O-1 with agent petitioner
Available year-round. No lottery. Evidence-based threshold meeting 3 of 8 criteria under USCIS Policy Manual M-4.
OPT running out and no H-1B selection?
F-1 OPT plus STEM gives 36 months. If neither year produced an H-1B selection, you have a 12-18 month window to evaluate alternatives. Four work — read the brief.
Your three realistic options
Best for academia and research
Cap-exempt H-1B
At universities, affiliated nonprofits, and qualifying research organizations. No lottery. Year-round filing.
Best for impact-focused work
EB-2 NIW
Self-petitioned permanent residence for work substantially benefiting the United States. No employer required.
Get the post-OPT planning brief
An 8-minute read on the four pathways that work when OPT is running out without H-1B selection.
Independent research. Not legal advice. Speak with a licensed immigration attorney before acting.