In its notice that approximately 124,000 H-1B petitions had been received between April 1 and April 5, USCIS stated: “U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields including, but not limited to: scientists, engineers, or computer programmers.”
 
Between April 1 and April 5, U.S. businesses filed 124,000 petitions for 124,000 foreign workers to work in specialized fields. USCIS conducted a lottery to see which of the foreign workers will have their petitions processed and which will have their petitions returned.  The unlucky ones may have no choice but to return to their homeland and work for a foreign employer as a scientist or engineer or computer programmer.  In the meantime, the unlucky employers won’t be able to employ needed workers, but will be able to queue up again next April Fool’s day and take their chances.
 
“…that is a hell of a way to run a railroad..”
 
“H” is not the only letter in the alphabet of non-immigrant visas, but clearly, the H-1B is the most useable for employers of foreign workers in specialty occupations.  Here are some alternatives that may be considered:
 
H-1B visas are available for foreign professional workers for “cap-exempt” employers, such as non-profit institutions of higher learning and affiliated non-profits.
 
F-1 student visas allow employment after a year of study based on economic necessity, as a degree requirement within an established curriculum (Curricular Practical Training or CPT), and for a year after the completion of a degree.  This post completion permission, Optional Practical Training (OPT) may be extended beyond one year for certain graduates in science, technology engineering and math (STEM) fields who find employment with E-Verify employers.
 
O-1 visas are available for “Aliens of Extraordinary Ability” whose accomplishments put them at the top of their field.
 
TN visas allow employment by Mexican and Canadian citizens whose work is in a profession designated by the North American Free Trade Agreement  (NAFTA)
 
J-1 exchange visitor visas allow foreign nationals to come to the US for on the job training in certain fields.
 
E-3 is like the H-1B, but it is limited to Australian citizens.
 
H-1B1 is an H-1B for citizens of Chile or Singapore.
 
E-1/E-2 visas are also subject to treaties that allow investors or traders to come to the US.  The trade and the investment need to be “substantial”.  The companies at which the E-1/E-2 visa holder will work need to be at least 50% owned or controlled by nationals of the country that has the treaty with the US.
 
L-1A and L-1B statuses are for the intracompany transfer of executives, managers or employees with specialized knowledge.
 
In the meantime, Congress, hopefully, is at work on Comprehensive Immigration Reform or other fixes to this mismatch of need for professional workers and visa classification options.