‘Like H-1B without a lottery’: What is O-1 visa? New route to US becomes popular among Indians; check details

O-1 visa is the new go to solution for individuals looking to work in the US. The O-1 visa route is gaining popularity among various professionals, including qualified STEM graduates, cybersecurity specialists, researchers, artists, filmmakers, athletes, authors and digital content creators, all pursuing their aspirations in America.

And, companies are increasingly supporting this visa category, investing substantial resources to sponsor deserving candidates. According to visa advisers, organisations are actively encouraging applicants to enhance their credentials through academic publications, authoring books and participating in conferences.

Immigration advisers in the US are witnessing an unexpected increase in O-1A visa applications and are expanding their operations by guiding clients through this relatively unfamiliar route.

What is an O-1 visa?

The O-1 visa is a specialised non-immigrant visa category in the United States, designed for individuals who demonstrate remarkable achievements in fields such as science, arts, education, business, or athletics.

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According to Sahil Nyati, founder at Jinee Green Card, the O-1A is like an H-1B visa without lottery. "There's definitely higher interest in O-1A, simply because it's like an H-1B without a lottery, although it's not a piece of cake," Nyati told ET. Jinee Green Card is a US-based immigration consultancy advising on specialised visa categories.

• The Immigration Act of 1990 established the non-immigrant visa category with eight qualifying requirements, requiring applicants to meet a minimum of three conditions, according to the ET report.
• The fees associated with O-1A visa applications typically fall between $10,000 and $30,000.
• Statistics from the US Department of State reveal that O-1A visa issuance increased from 8,838 in FY 20 to 18,994 in fiscal 2023.
• The data indicated that Indian nationals received 1,418 O-1A visas in FY23, rising from 487 in FY20, positioning India as the third-highest recipient country after Great Britain and Brazil.
• Official data from the US State Department indicates that O-1A visas maintain a 93% success rate, whilst H-1B applications achieve only 37% approval.
• The O-1A classification operates without any limits or lottery systems.
• Technology firms seeking to secure and maintain skilled international workers are increasingly recognising this trend.

The artificial intelligence surge in the United States has intensified competition for talent, creating increased opportunities for international PhD researchers and skilled professionals. Many are finding the O-1A visa classification provides an easier entry route to the United States.

"Companies like Google, OpenAI, Tesla, McKinsey are among those open to recruiting promising new talent from India and attracting well established players in their fields to their US headquarters. While top universities like Harvard, Yale and Columbia are always looking to hire the best faculty and researchers globally," states Aslam Ahmed, Partner, Singhania & Co according to the ET report.

O-1 visa vs H1-B visa

• The O-1 visa numbers remain modest compared to H-1B allocations.
• Official data shows 225,957 H-1B approvals in fiscal 2024, whilst O-1A visas stood at 22,669.
• However, whilst H-1B applications show a downward trajectory, O-1A applications maintain an annual growth rate of approximately 10%.
• According to Ahmed, sponsoring an O-1A visa costs roughly ten times more than an H-1B, which ranges from $970 for small businesses to $7,775 for larger organisations seeking premium processing.
• Legal consultation fees contribute an additional $2,000-$5,000.
• O-1A visa applications, by comparison, require between $10,000 to $30,000, with solicitor fees comprising the bulk of expenses.
• Nevertheless, both organisations and applicants continue to invest substantial amounts in these applications.

According to Ahmed of Singhania & Co, IBM Research frequently sponsors visa applications for Indian researchers who hold numerous patents.

"Filing and coming up with an industrially useful patent though, is a very difficult and challenging task," he added.

Candidates who were unsuccessful in three H-1B lotteries and recent university graduates are becoming more knowledgeable about the O-1 visa option, according to Jinee's Nyati, who is expanding clientele from 60 to 300.

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"Under the O1-A category, STEM professionals are focussing on upskilling in areas like cybersecurity, publishing research, and speaking at conferences. Meanwhile, under the O-1B, which is for people in arts, we recently secured a visa for a Bollywood producer who has been in the business for 10 years," he said.

Prachi Shah, founder & managing attorney at Prachi Shah Law was quoted as saying that her firm obtained an O-1A visa for an entrepreneur in just 10 days by developing an application that demonstrated potential benefits to the US economy.

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