• Source:JND

With competition for work visas to the US on the rise, the O-1 visa is quickly becoming a desirable alternative to the H-1B visa for Indian professionals, particularly those in the fields of STEM, creative arts, and higher education.

What Is An O-1 Visa?

The O-1 visa is a targeted non-immigrant visa designated for foreign nationals with exceptional ability or achievement in the arts, education, science, business, athletics, or other fields. Authorized under the US Immigration Act of 1990, the O-1 visa is not based on a lottery system, as opposed to the highly subscribed H-1B visa. The applicants, as per the US Citizenship and Immigration Services (USCIS), have to prove long-standing national or international recognition and satisfy three or more out of eight eligibility factors, such as distinguished awards, exceptional contributions, published material, or being a member of renowned groups.

Growing popularity among Indians

Official records indicate a consistent increase in O-1 visa approvals for Indian citizens. US Department of State reports indicate that Indians received 1,418 O-1A visas during FY23, as compared to 487 in FY20, and now rank as the third-largest recipient nation after Great Britain and Brazil. At a success ratio of 93 per cent, the O-1A visa presents a big boost over the H-1B, with an approval percentage of only 37 per cent. "STEM professionals are turning in greater numbers to the O-1A path, particularly those working in AI, cybersecurity, and research," commented Sahil Nyati, founder of US immigration consultancy Jinee Green Card. "It's akin to an H-1B without a lottery, although the process is strenuous."

Who Is Eligible And How To Apply?

To qualify, applicants need to present strong evidence of their extraordinary ability. These include:

• A signed consultation by a peer panel or authority in the field of the applicant
• A binding agreement by a US employer or agent
• A schedule describing work schedules in the US
• A documentation that satisfies at least three of the eight USCIS requirements, e.g., global awards, published work, press coverage, or breakthroughs in the field.

An applicant must have a US employer, agent, or foreign employer through a US agent petition for Form I-129 (Petition for Nonimmigrant Worker). Petitions should be filed at least 45 days prior to starting employment.

To Apply for an O-1 Visa

• Obtain a US employer, agent, or sponsor who is willing to submit the petition.
• File Form I-129 and a comprehensive contract, peer consultation, and documentation of extraordinary ability.
• Submit the application a long time before to prevent delays.

For specific requirements, applicants can see the USCIS Policy Manual for O-1A and O-1B visas.

Cost Of Applying For O-1 Visa

Even though the O-1A visa is not subject to a quota, it is more expensive. Legal and filing fees range from $10,000 to $30,000 per application, depending on the immigration law firm. H-1B visas, on the other hand, cost between 970 to 7,775 USD, excluding legal fees. "Google, Tesla, OpenAI and big consulting firms are all actively making use of the O-1 pathway to recruit top global talent into the US," stated Aslam Ahmed, Partner at Singhania & Co. He further stated that Harvard and Yale, among the best US universities, are also utilizing this visa for recruiting global researchers and faculty members.

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O-1 Visa Vs H-1B Visa: Key Differences

Though H-1B visas are still more prevalent, with over 225,000 approvals in FY24, the O-1 category is experiencing annual growth of about 10 per cent. The O-1 visa is particularly appealing to those who have had their H-1B lottery efforts foiled or new graduates with good academic marks. It has taken as few as 10 days for some applicants to have their O-1 visas approved. "We obtained an O-1A visa for an entrepreneur within ten days by emphasizing the economic advantages of their work to the US," stated Prachi Shah, founder and managing attorney at Prachi Shah Law. Recent successful applicants are Bollywood producers, AI researchers, and startup founders who have proven to make substantial contributions in their respective fields.

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With no lottery system, high approval rates, and growing needs for qualified professionals, the O-1 visa is quickly becoming a viable option for Indian professionals aspiring to work in the United States.