Published by Mei in Work Visas | Updated 2024
The recent tech layoffs have upended many H1B visa holders. Many have partners and children in the USA. These tech workers are usually highly educated with specialist skills. These skilled workers are usually paid far more in the USA than their home countries. The US losing these workers lose far more than the tax they pay on their earnings – the US suffers a brain drain. These workers and their families wishing to continue working in the USA are looking to adjust to the O1 visa or the EB1 green card.
If you were a H1B visa holder that recently lost their job and cannot find another employer within the 60 day grace period the O1 visa and the EB1 green cards are certainly great alternatives and may be achievable for you. Canadians might consider changing their status to the TN, Australians the E-3, if you need more time the B visa might be worthwhile applying for. Many H1B visa holders apply for the F-1 – we don’t believe that is wise as to get an O or EB1 later on it is required that you are at the top of your field, a student visa could damage that argument.
The O-1 visa is for individuals with extraordinary abilities in certain fields, such as athletics, science, business, education, or the arts. The H-1B visa is for individuals who will be working in a specialty occupation, which typically requires a bachelor’s degree or higher in a specific field. Both O-1 and H-1B visa have their own respective advantages and disadvantages.
There is no annual cap on O-1 visas and it can be renewed indefinitely, however, there are eligibility criteria for the O-1 (you must prove yourself having ‘extraordinary ability or achievement‘), and the process of obtaining an O-1 visa can be more complicated and expensive compared to H-1B. Although an O visa is not required many O visa holders adjust their status for the EB-1 green card. The O1A and O1B also require a sponsor. The sponsor can be an agency allowing you to ‘freelance’ within reason or a company, this company could potentially be your own company.
H-1B visa has a cap of 85,000 visas per fiscal year, and it can be renewed for up to a total of six years. This is very restrictive, certainly making the O more attractive. It is easier to apply for an H-1B visa, but the process can be quite lengthy and the demand for H-1B visas is much higher than the number of visas available making it more of a lottery. H1B petitions may be filed no more than 180 days prior to the expected start date. O1 can be filed up to one year prior to the expected start date.
Most important takeaways:
- There is no annual cap on the O-1 visas – H-1B visa is subject to an annual cap
- Renew O-1 visas as many times as you wish as it is a non-immigrant visa
- Hold multiple O-1 visas at one time
- Your sponsor can be an employment agency allowing you to ‘freelance’
- Potentially your own company can be your sponsor
- The O-1 visa is a more flexible visa, which means that you can change jobs more easily. The H-1B visa is a more restrictive visa, which means that you are typically tied to your employer for the duration of your visa.
- The O-1 visa does not require a labor certification, which is a lengthy and complex process (can add several months to the visa application process)
The choice between O-1 and H-1B will depend on your qualifications, the job requirements, and the specific circumstances of your case. Being approved for the O visa is not impossible. Understanding the criteria required for an O visa can help you if you are not ready to apply yet to get tailor the next few months to work to being approved. Read our information here or chat to an immigration lawyer or use an online guide similar to this to get you visa ready.
Read More
- Is the O-1 visa better than a H1B?
- Is the EB-1 better than the H1B?
- Can H1b file EB1?
- Other Artist Immigration options
FAQ
Can I have H-1B and O-1 at the same time?
Yes you can. You can also have several concurrent O visas with different employers. Read more here.
All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.
If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!