H-1B vs. O-1 Visa: Which Is Right for Your Skilled Workers?

Understanding and choosing the right visa option can be confusing for employers looking to hire foreign nationals. For example, if you are an employer looking to hire foreign nationals for skilled positions in the United States, determining which visa category is appropriate is difficult. Among the most common options are the H-1B and O-1 visas. Both visa categories allow talented foreign nationals to live and work in the United States temporarily.
Understanding the H-1B Visa
The H-1B visa allows people from other countries to work for an employer in the U.S. in a specialty occupation that requires theoretical or practical skills. For a foreign national to be eligible for the H-1B visa, they must possess at least a bachelor’s or higher degree in the particular specialty or its equivalent. The H-1B visa is particularly common in engineering, business, IT, medicine, and science fields.
Eligibility Requirements for the H-1B Visa
For an H-1B visa, the following requirements must be met;
- Applicant must have a job offer from a U.S. employer for a specialty occupation
- Applicant must hold a bachelor’s degree or higher degree in the specific specialty or its equivalent
- A U.S. employer must sponsor the foreign worker
- Employer must file a Labor Condition Application with the DOL certifying, among other things, proper wages and no adverse effects on U.S. workers.
Duration of Stay
The H-1B visa is usually granted for an initial period of three years. This visa can be extended for up to six years. In some situations, extending the H-1B visa beyond six years is possible.
Understanding the O-1 Visa
The O-1 visa is for individuals with extraordinary ability or achievement. The O-1A visa is for those with extraordinary ability in the business, education, sciences, or athletics industries. On the other hand, the O-1B visa is for those with extraordinary ability in the motion picture or TV industry.
Eligibility Requirements for the O-1 Visa
To qualify for the O-1 visa, the candidate must demonstrate extraordinary ability or achievement. Awards, membership in associations that require outstanding achievements, and publications are some criteria that can help demonstrate extraordinary ability or achievement.
The O-1 visa is usually granted for an initial stay of up to three years. It can be renewed indefinitely in one-year increments.
Which Visa Is Right for Your Skilled Workers?
The right visa category is based on the worker’s specific qualifications and the company’s needs. For skilled employees who possess “extraordinary ability,” the O-1 visa is the better option. However, for skilled workers who don’t meet the “extraordinary ability” requirement, the H-1B visa is the better option. If you are looking for a visa option with no annual cap, the O-1 visa is the best choice since the H-1B visa has a yearly cap on the number of visas issued.
Contact Us for Legal Help
For help choosing the right business immigration visa, contact a skilled New York City business immigration lawyer at The Law Offices of Elsa Ayoub, P.L.L.C. today.
Source:
uscis.gov/working-in-the-united-states/h-1b-specialty-occupations