Book Excerpt: Benefits of an O-1 Visa over an H-1B

Considering the limitations of the H-1B visa, we encourage our clients to consider alternative work visas, such as the O-1 visa.

Here is an excerpt from the “O-1 Visa for Individuals with Extraordinary Ability or Achievements” chapter in Giselle Carson’s book Beyond the H-1B: A Guide to Work Visa Options for Employers, Foreign Nationals, and Graduating Students, which is available for purchase on Amazon.

Overview

The O-1 visa is especially helpful for highly accomplished athletes, managers, executives, scientists, professors, physicians, artists, entertainers, and others in non-traditional occupations who can show sustained national or international acclaim or a demonstrated record of extraordinary achievement in the field and are coming to the U.S. to continue working in their field of expertise.

This visa accommodates a wide range of talented and accomplished foreign nationals who might not qualify for other employment-based visas, such as the H-1B, TN, or L-1, or who are looking for an alternative to these visas. We have successfully obtained the O-1 classification for many talented clients and helped them further their careers in the U.S.

The O-1 has three classifications: (1) the O-1A for those with extraordinary ability in the fields of science, education, business, or athletics; (2) the O-1B for those with extraordinary ability in the arts; and (3) the O-1B for those with extraordinary achievement in the motion picture or television production industry.

Are there benefits to getting an O-1 visa instead of an H-1B visa?

Yes, there are many benefits to the O-1 versus the H-1B visa. These include:

  • No annual limit for visas (i.e., you can file at any time);
  • Unlimited extensions in one-year increments;
  • No restrictions on the level of education of the applicant, which makes the O-1 a useful and relevant alternative for distinguished athletes, entertainers, and business people;
  • No prevailing wage obligation; and
  • No testing of the labor market required for a green card application.

Buy the book to read the full chapter and learn about other alternatives to the H-1B.