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This category is reserved for individuals who can demonstrate “extraordinary ability” in their fields, offering a merit-based path free of the H-1B’s unpredictable lottery.
Companies and professionals with strong track records are now weighing the O-1 as a practical alternative (Image: Representative)
U.S. President Donald Trump’s announcement of a staggering $100,000 (about Rs 88 lakh) fee for new H-1B visas has rattled the global professional community. Although the White House clarified that this fee applies only to fresh H-1B applications, the shock was immediate.
Technology companies that rely on foreign engineers, universities employing international researchers, and thousands of skilled workers eyeing the U.S. job market are all anxious. The H-1B program has long been the primary gateway for highly skilled foreign talent to work in America, and such a sudden cost surge threatens to price out smaller firms and ambitious individuals alike.
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Spotlight Shifts to O-1 Visa
With the H-1B route becoming financially daunting, attention is rapidly shifting toward the O-1 visa. This category is reserved for individuals who can demonstrate “extraordinary ability” in their fields, offering a merit-based path free of the H-1B’s unpredictable lottery.
Companies and professionals with strong track records are now weighing the O-1 as a practical alternative. Immigration lawyers in Silicon Valley and New York report a noticeable uptick in O-1 consultations since the H-1B fee news broke, as employers look for a way to continue hiring top global talent without incurring the hefty new costs.
Two Distinct O-1 Categories
The O-1A visa serves experts in science, education, business, or athletics. The O-1B covers those with remarkable achievements in the arts, film, or television. Applicants must provide convincing evidence of exceptional success – major awards, prominent press coverage, published research, or other significant accomplishments. The bar is high but clear: prove you are at the top of your field.
An O-1 visa is typically issued for up to three years and can be extended in one-year increments. There is no annual quota, and approval is based strictly on merit, not chance. With a current approval rate around 93%, qualified candidates find it far less stressful than navigating the H-1B’s lottery system.
Step-by-Step Application
- Confirm Eligibility – Assemble evidence of outstanding achievement.
- Secure a Sponsor – A U.S. employer, agent, or foreign employer with a U.S. agent must petition on your behalf.
- Prepare Documentation – Recommendation letters, contracts, and proof of accomplishments are key.
- File Form I-129 – Your sponsor submits this petition to USCIS; standard processing takes two to three months, or 15 days with premium service.
- Await Approval – USCIS may request additional evidence before issuing the notice of approval.
- Consular Process (if abroad) – Complete Form DS-160, pay the fee, and attend a U.S. consulate interview with your supporting documents.
- Enter the U.S. – Upon approval, you and eligible dependents (spouse and children under 21 qualify for O-3 visas) can work for the duration of the authorized stay.
Cost Advantage Over H-1B
The O-1 visa is considerably cheaper. The basic filing fee is $250, and even when adding attorney fees and documentation costs, the total rarely exceeds $12,000 which is far below the new six-figure H-1B fee. For start-ups and smaller employers, this cost difference is decisive.
While the O-1 is a temporary work visa, many recipients later transition to the EB-1A “Einstein visa,” which offers a direct path to U.S. permanent residency. The O-1 thus serves as both a working solution and a potential stepping stone for long-term plans.
A Strategic Shift in Global Talent Flows
Immigration experts warn that the steep H-1B fee could push skilled professionals toward other countries if alternatives like the O-1 are not widely accessible. Canada, the UK, and Australia have all been courting tech talent with more predictable policies.
For now, however, the O-1 visa stands out as America’s most viable answer for highly accomplished individuals seeking U.S. opportunities without the financial and procedural hurdles of the newly costly H-1B path.
About the Author
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More
September 24, 2025, 21:57 IST
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