Shilpa Malik 
Boris Ignachkov 
For professionals seeking to work in the U.S., the O-1 and H-1B visas are two popular routes. Understanding the differences between the O-1 vs H-1B visa is essential for making an informed decision on the best option for you. This article highlights the key differences in the requirements, benefits, and processes for each visa while offering helpful tips for choosing the best one based on your eligibility.
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O-1 vs. H-1B Visa: At a Glance Comparison
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O-1 Visa (Extraordinary Ability) |
H-1B Visa (Specialty Occupation) |
|
|
Main requirement |
Extraordinary ability, top of the field |
Bachelor's degree (or equivalent) |
|
Annual Visa Cap |
No limit on visas |
Yes (Lottery System), unless you qualify for a cap-exempt role. |
|
Initial Stay |
3 years |
3 years |
|
Visa Extension |
Indefinite 1-year increments |
Max 6 years |
|
Green Card Path |
Smooth transition to EB-1 |
Longer process that often involves PERM Labor Certification |
|
Processing Time |
Generally faster (3-4 months) |
6+ months, plus lottery. Cannot start work until After October 1st) |
Is the O-1 Visa Better Than the H-1B?
Whether the O-1 visa is better than the H-1B depends on your qualifications and goals. If you want to avoid the H-1B lottery and have a strong record of achievement, the O-1 is likely better. However, it’s important to understand that O-1 visa requirements can be difficult to achieve, particularly for those early in their careers or without documentation of Extraordinary Ability or Achievement.
In contrast, if you have a bachelor’s degree and a job offer in a specialty field, the H-1B is the standard route.
Ultimately, the H-1B’s reliance on a competitive annual lottery introduces a significant element of uncertainty not present with the O-1 visa. Your long-term immigration goals, such as the pathway to a green card, should also heavily influence which visa is the better option for you.
Consulting with an experienced immigration attorney can help you determine the most strategic path for your specific circumstances.
Key O-1 Vs H-1B Differences Explained
Requirements and Eligibility
O-1
The O-1 visa has much more difficult eligibility criteria than the H-1B. According to USCIS, they only approve candidates with “sustained national or international acclaim” – those among the “small percentage who have risen to the very top of the field.” Only a few people in their fields can meet the evidentiary criteria of the O-1 category, making this option unfeasible for many foreign nationals. Nonetheless, many people are surprised to discover they have the proper qualifications gained naturally through their work and education.
H-1B
To qualify for an H-1B, the beneficiary (employee) of the visa must meet one of the following eligibility criteria:
- U.S. Bachelor’s Degree: Such as a four-year bachelor’s degree (or higher) from an accredited U.S. college or university in a field related to the specialty occupation.
- Foreign Degree Equivalent: If the applicant holds a degree from a foreign institution, it must be evaluated to be the equivalent of a U.S. bachelor’s degree in the relevant field.
- Work Experience Equivalency: An individual can qualify through a combination of work experience and/or education. Three years of progressively responsible, specialized work experience can be substituted for one year of college education. For example, an individual with 12 years of relevant experience but no degree may be considered to have the equivalent of a bachelor’s degree.
- Professional License: Holding an unrestricted state license, registration, or certification that authorizes the individual to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.
There are further requirements regarding the role, but it is the responsibility of the employer to ensure the role meets all H-1B requirements.
Visa Cap & Processing Times
O-1
The O-1 visa does not have an annual limitation like the H-1B visa does. Thus, as long as all of the requirements are met, an O-1 application can be submitted and processed anytime throughout the year without having to wait in line for a visa.
Typically, the processing time of the O-1 visa is three to four months. After approval, if you are outside the U.S., you will be scheduled for an interview at the nearest embassy or consulate a few weeks after the decision on your I-129.
H-1B
In contrast, only 85,000 H-1B visas are available in a given year. 65,000 H-1B visas are available for those who meet the general requirements (Bachelor’s degree or foreign equivalent), while 20,000 are exclusive to those with a U.S. master’s degree or higher.
The H-1B visa registration period begins around April of every year. If your registration is selected and the H-1B petition submitted by your employer is approved, an H-1B beneficiary still can only begin working after October 1st of that year.
Period of Stay & Extensions
O-1
The O-1 visa is granted with an initial period of stay of 3 years. You can always renew your status for as long as your contract or employment in the U.S. is still valid.
H-1B
The H-1B also has an initial period of stay of 3 years, but you cannot stay beyond a total of six years through extensions, unless you have an approved green card petition.
Pathway to a Green Card
O-1 Visa to Green Card Path
For many O-1 visa holders, the logical next step is the EB-1A Green Card for Extraordinary Ability. It has the benefit of:
- Very similar, albeit slightly higher requirements than the O-1 visa. An individual who has already successfully gathered evidence to prove “extraordinary ability” for their O-1 is well-positioned to meet the criteria for the EB-1A.
- The EB-1A category does not require an employer to go through the lengthy and complex PERM Labor Certification process. This process can add years to the timeline.
- In many cases, an individual can self-petition for an EB-1A Green Card, meaning they do not need to be sponsored by their employer.
- The final action dates, which determine when a green card is available, are typically current or have relatively short. This means the waiting periods are nonexistent or minimal relative to other categories.
The H-1B to Green Card Path:
The path from an H-1B visa to a green card is more common but typically involves more steps and a longer wait. Most H-1B holders will pursue an EB-2 (Advanced Degree) or EB-3 (Skilled Worker/Professional) green card.
- Unlike the EB-1A, both the EB-2 and EB-3 categories typically require the employer to complete the PERM Labor Certification process. This is a multi-step, time-consuming process completed by the employer that must be finished before the green card petition (Form I-140) can even be filed.
- These categories are subject to annual quotas based on your country of birth. For individuals from countries with high numbers of applicants, such as India and China, this can result in a waiting period that can last for many years, even after the initial petition is approved.
- The EB-2 and EB-3 processes require sponsorship. You will be dependent on your employer to sponsor and manage the process, effectively tying you to the company.
How to Change Status from an H-1B to an O-1 Visa
If you are already on an H-1B and want to switch to an 0-1 visa, the steps include:
- Determine your eligibility: Evaluate whether you meet the eligibility criteria for the O-1 visa. The O-1 visa requires individuals to demonstrate extraordinary ability or achievement in their field through sustained national or international recognition. You will need to gather substantial documentation that satisfies at least three of the eight evidentiary criteria set by USCIS
- Secure an O-1 sponsor: You cannot self-petition for an O-1 visa. You must have a U.S. employer, or a foreign employer through a U.S. agent to file the petition on your behalf. This entity, known as the petitioner, will be your official sponsor for the O-1 visa.
- Obtain a Written Advisory Opinion: The O-1 requires a written consultation, or Advisory Opinion from a peer group or a person with expertise in your field. This letter must describe your abilities and achievements and state how you qualify for the O-1 classification.
- Gather supporting documents: Gather the necessary supporting documents to substantiate your claim of ‘extraordinary ability’.
- File Form I-129, Petition for a Nonimmigrant Worker: Work with your sponsor or immigration attorney to prepare the O-1 petition. The petition should include Form I-129, Petition for a Nonimmigrant Worker.
- Since you are already in the U.S. on an H-1B visa, the petition will be filed as a “Change of Status” request.
- While your O-1 petition is pending, you must continue to abide by the terms of your H-1B visa.
- You can use Premium Processing by filing Form I-907 and paying an additional fee. This guarantees USCIS will take action on your case within 15 business days.
- Receive O-1 visa approval: If your O-1 visa petition is approved, you will receive an approval notice from USCIS. This notice should include the validity period of your O-1 visa.
- If there is any missing evidence or errors, USCIS will issue an RFE. It’s important to respond to an RFE before the deadline.
The exact steps to go from H-1B to O-1 visa may differ slightly depending on your circumstances. It is strongly encouraged to hire a qualified O-1 visa attorney who can walk you through the process.
Speak with An experienced Immigration Attorney
Alternatives to H-1B and O-1
Don’t meet the qualifications for an H-1B or O-1 visa? That’s okay, you’re not out of luck! Here are a number of alternatives you should explore alongside your immigration attorney:
- EB-1 Green Card: This path is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. It is also applicable to outstanding professors or researchers, or managers and executives of multinational companies. In order to qualify for the EB-1A you must be able to provide evidence of extraordinary ability, be reputable in your field and have documented confirmation of the applicant’s achievements, continue to work in the recognized field and have obtained national or international acclaim.
- EB-2 Green Card: These are designated for individuals with exceptional ability in sciences, arts, or business, or those with advanced degrees. It also includes National Interest Waiver petitions for those whose work is deemed to be in the national interest of the United States. The overall EB-2 visa processing time can range from 10 months – 2 years, depending on how long your I-140 takes to process and then when a visa becomes available.
- EB-3 Green Card: This category is for skilled workers, professionals, and other workers with less than two years of experience. It also includes workers with a bachelor’s degree or the equivalent, as well as unskilled workers.
- EB-5 Green Card: This category is for individuals who invest a certain amount of money in a new commercial enterprise that creates or preserves at least 10 full-time jobs for U.S. workers.
- L-1 Visa: This visa category is for intracompany transferees who are managers, executives, or have specialized knowledge and are being transferred from a foreign company to its U.S. affiliate.
- TN Visa: This visa category is for Canadian and Mexican citizens who are qualified professionals and are seeking temporary entry into the United States to engage in business activities under the North American Free Trade Agreement (NAFTA).
Learn about H-1B Alternatives & Options for Sponsorship.
How VisaNation Can Help
Both the O-1 and H-1B categories present a great opportunity to work and live in the U.S. You will need to consider many factors, such as your academic qualification, job experience, accomplishments in your field, and whether you plan to become a permanent resident in the future or not.
VisaNation lawyers can provide you with practical advice to help with your decision between an O-1 and H-1B, and if you choose to retain us, support we will you on every step of the way.
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