While the H-1B visa is popular among professionals, it’s essential to consider the EB-1 and O-1 visas, which offer distinct advantages. Navigating the U.S. immigration landscape can be challenging, especially when choosing the right visa. In our opinion the extraordinary ability visas far exceed the H-1B in benefits. Don’t be scared by ‘extraordinary ability’, hear us out – we got these visas – you can too.
Higher Approval Odds
The H-1B visa is subject to an annual cap of 65,000 visas, with an additional 20,000 for U.S. advanced degree holders. Annually there can be anywhere from 470k to 560k QUALIFIED applicants. Due to high demand, the selection process often involves a lottery, making approval uncertain. 85% failure rate! In contrast, the EB-1 and O-1 visas have no such caps, eliminating the lottery system and not leaving your approval to chance. If you prove you deserve to work in the USA you should receive your visa.
No Income Restrictions
H-1B employers must meet prevailing wage requirements, which can limit opportunities. The O-1 visa does not impose such wage mandates, offering greater flexibility in employment terms.
Work Flexibility & Job Portability
- H-1B holders are tied to one employer—changing jobs requires a new petition and approval, and gaps in employment can cause visa issues.
- O-1 holders can work for multiple employers, as long as they are petitioned under a single sponsor (such as an agent). This is ideal for freelancers, consultants, and creatives.
- EB-1 holders have complete work freedom, as green card holders can work for any employer or start their own business.
The EB-1A category allows individuals to self-petition without needing a specific job offer or employer sponsorship. This autonomy is particularly beneficial for entrepreneurs and freelancers. The O1 category allows individuals to be sponsored by a management company or agency also giving you the option to be free to jump employers or work for multiple.
Takeaway: If career freedom is important to you, the O-1 and EB-1 are superior choices compared to the restrictive H-1B.
Eligibility Considerations
Qualifying for an H-1B visa means jumping through a lot of hoops, there is a really good chance that you might also meet the criteria for the O-1 or EB-1 visas. They require evidence of extraordinary ability, which can be demonstrated by meeting at least three of eight criteria. This flexibility means that many professionals are closer to qualifying than they might assume. Read about the criteria here: EB1 and O1.
Dual Intent & Path to Permanent Residency
- The H-1B visa allows for dual intent (meaning you can apply for a green card while on an H-1B), but it can take years to secure a green card due to backlogs, especially for applicants from certain countries.
- The EB-1 directly grants a green card, eliminating uncertainty.
- The O-1 does not automatically lead to a green card, but many O-1 holders successfully transition to an EB-1 green card because they already meet the “extraordinary ability” criteria.
Takeaway: The EB-1 is the fastest track to a green card, while the O-1 provides flexibility with a clear path to permanent residency.
Processing Speed & Premium Processing
- The H-1B process is slow, with registration in March and employment typically not starting until October.
- O-1 visas can be processed quickly, often within 15 days using premium processing.
- EB-1 green cards are among the fastest to process, with many cases approved within a year.
If time is of the essence, O-1 and EB-1 offer much faster options compared to the long H-1B wait.
No Industry Limitations
- The H-1B is heavily concentrated in tech and STEM fields, making it harder for non-STEM professionals to qualify.
- The O-1 and EB-1 cover a much broader range of industries, including arts, entertainment, sports, business, and academia.
- If you work in film, TV, music, sports, writing, or entrepreneurship, the O-1 and EB-1 provide a much better pathway.
If you’re not in a STEM field, the O-1 and EB-1 are far better choices than an H-1B.
Common Concerns
- Cost of Legal Assistance: While attorney fees can be a concern, numerous online resources and guides are available to assist applicants in preparing their petitions, potentially reducing costs.
- High Qualification Bar: The requirement to meet three out of several criteria provides multiple pathways to qualify, making the process more accessible than it might initially appear. Many people underestimate their credentials—it’s often about documentation, not actual ability.
Comparison of Visa Benefits
| Benefit | H-1B Visa | O-1 Visa | EB-1 Visa |
|---|---|---|---|
| Annual Cap and Lottery | Subject to a lottery system | No lottery or annual cap | No lottery or annual cap |
| Income Requirements | Must meet prevailing wage requirements | No prevailing wage requirements | No prevailing wage requirements |
| Visa Number Availability | Limited, subject to selection | Unlimited—available all year | Subject to priority dates, but no lottery |
| Employer Sponsorship | Requires employer sponsorship | Requires employer sponsorship (agency/manager allowed) | Self-petitioning allowed (EB-1A) |
| Eligibility Criteria | Specialty occupation, requires a degree | Extraordinary ability, 3 out of 8 criteria | Extraordinary ability, 3 out of 10 criteria |
| Validity & Extensions | 3 years, extendable up to 6 years | 3 years, unlimited extensions available | Grants permanent residency (green card) |
| Spouse Work Authorization | Restricted (H-4 spouses usually cannot work) | Not permitted (O-3 visa, study allowed) | Full work authorization with green card |
Stronger Visa Benefits for Your Spouse and Family
One of the biggest downsides of the H-1B visa is the restrictions placed on spouses. While H-1B holders can bring their spouses under the H-4 visa, H-4 spouses cannot legally work in the U.S. unless the H-1B holder has begun the green card process. This means years of potential financial and professional limitations for your partner.
EB-1 Green Card: Your spouse and children automatically receive green cards, granting them full work authorization in the U.S.
O-1 Visa: Spouses and dependents can come to the U.S. on O-3 visas, and while they cannot work, they can study, enroll in academic programs, and even transition to another visa category.
H-1B Visa: Spouses on H-4 visas are usually not allowed to work, unless specific conditions are met.
If supporting your spouse’s career and financial independence is important to you, the EB-1 and O-1 visas offer a major advantage over the H-1B.
Visa Availability: Don’t Get Stuck in a Backlog
The H-1B visa is not only limited by an annual cap but also subject to a random lottery. Even if you qualify, you have no control over whether you will actually get selected. In contrast:
✔ EB-1 visas have a set annual quota but do not require a lottery – If your priority date is current, you can proceed with your application immediately.
✔ O-1 visas are not capped at all – This means there is no limit to the number of O-1 visas issued each year, so you don’t have to worry about missing out due to high demand.
Many applicants don’t realize that visa number availability can severely impact their ability to work in the U.S.. With an H-1B, if you don’t get selected, you must wait an entire year to try again. But with the EB-1 and O-1, you don’t have to gamble with your future—you can apply when you qualify.
It surprises us that the H-1B visa is still a common route for many professionals, when the EB-1 and O-1 visas offer significant benefits, including higher approval chances, no income restrictions, and greater independence. If you meet the qualifications, these alternatives can provide a more advantageous pathway to working and residing in the United States. We really hope our information helps you out on your visa journey!