O-1 V/S H1-B VISA

The first step of the U.S. employment-based non-immigrant visa application process is choosing the category with the best prospects for an individual applicant. While the O-1 and H-1B are both temporary visas, each of these two classifications come with distinct characteristics which must be clearly understood. The O-1 and H-1B each have unique advantages that may or may not apply to every prospective applicant. To know for certain which option is best suited for your client, reach out to us to avail world-class Legal Process Outsourcing services.

This article is devoted to exploring the choice between an H-1B and O-1.

COMMON CHARACTERISTICS:

There is an overlap between O-1 and H-1B visas, principally with respect to the nature of the professional occupation of the alien and his or her credentials.

The H-1B visa allows foreign professionals in specialty occupations to come to the U.S. temporarily to work for a U.S. employer. H-1B holders typically work in such fields as engineering, mathematics, computer programming, biotechnology, and business, among other professional fields.

The O-1 visa is reserved for so-called aliens of “extraordinary ability” in the fields of sciences, arts (including television and motion pictures), business, and athletics. For this classification, “extraordinary ability” refers to the fact that an alien has shown, through evidence such as scholarly publications or proof of high salary that he is at the top of his professional field.

Accordingly, foreign workers hoping to earn H-1B status by virtue of their work in such fields may qualify for an O-1 visa, provided they’re able to demonstrate, with sufficient documentary evidence, their extraordinary ability.

Both visa classifications are “dual intent,” meaning that there’s no prohibition on an alien using an H-1B or O-1 as a springboard to permanent residency. Additionally, the H-1B and O-1 are both employer-sponsored visas. Each allows spouses and children to accompany the primary visa holder, too.

COMPARATIVE STUDY:

O-1 Requirements vs H-1B Requirements: The O-1 visa has more stringent requirements than H-1B. Only a few people in their fields can meet the evidentiary criteria of the O-1 category, which makes it a less attractive route for many foreign nationals seeking non-immigrant employment-based status in the U.S. On the other hand, the H-1B only requires a bachelor’s degree as the minimum entry requirement for the position.

Visa Cap and Effective Date for O-1 vs H-B: The visa cap the numeric limit of each visa category per year – meaning once the given number is reached, all unselected applicants will have to wait for the following year. Generally, only 65,000 H-1B visas are made available for each fiscal year with an additional 20,000 meant for only those with a U.S. masters or higher degree.

However, for O-1 visas, there is no numeric limit or date that must be reached. U.S. employers can file for several O-1 visas at any time of the year so long the employees are qualified. The O-1 visa becomes effective the moment the application and petition are approved.

Period of Stay and Visa Extension for O-1 vs H-1B: The O-1 visa is granted with an initial period of stay of 3 years subject to renewal for as long as the contract or employment in the U.S. is still valid. The H-1B also has an initial period of stay of 3 years, which cannot go beyond a total of six years through extensions unless the applicant has an approved green card petition.

Green Card Process for O-1 vs H1B: One of the highest aspirations of many foreign non-immigrant visa holders in the U.S. is to become a U.S. green card holder. This factor is usually considered at the outset of choosing a visa category. While neither the H-1B nor O-1 category leads to an automatic green card, one still appears more promising. Most O-1 holders have a good shot at green card after spending a certain number of years in the U.S. The H-1B to green card process may take longer due to the Labor Certification requirements.

Each non-immigrant visa category has several unique components that must be considered before making a decision. SKJ Juris is an LPO, where we have ahighly experiencedImmigration support servicesteam who can help you choose the category that best suits your client’s eligibility. Not only that, we will also help to file forms and petitions, and give the best possible chance of success to your client. Get in touch with ourImmigration Support Company today!