Can’t Get the H-1B? Try the O-1

If the H-1B cap or lottery blocked your plans, the O-1 “extraordinary ability” visa can be a powerful alternative—especially for researchers, engineers, startup founders, product leaders, designers, and artists whose work already shows impact.

Why O-1 beats the H-1B (for the right profile)

• No annual cap/lottery and start any time of year.
• Employer or U.S. agent can petition; concurrent employment allowed.
• No LCA or prevailing wage requirement.
• Initial approval up to 3 years, then unlimited 1-year extensions tied to the project.
• Premium Processing available for 15-day decisions.

Which O-1 fits?

• O-1A: science, business, education, athletics (ideal for STEM and founders).
• O-1B: arts, film, television (ideal for creatives).

Meeting the standard (O-1A examples)

Show a record of extraordinary ability via at least three (more is better) of:

• Major prizes/awards;
• Original contributions of major significance (patents, deployed systems, widely adopted methods);
• Authorship in top journals/conferences;
• Judging others’ work (program committees, peer reviewing);
• Critical employment at distinguished organizations (letters + impact metrics);
• Press/media about you or your work;
• Selective memberships;
• High salary/equity relative to peers.
  (Parallel criteria exist for O-1B—lead roles, press, box office/streaming metrics, critical acclaim, awards.)

Startup-friendly tips

Use a U.S. agent to cover multiple clients or related entities. Document founder equity, funded rounds, users/revenue, and letters from independent industry leaders tying your contributions to measurable outcomes. Provide an itinerary and advisory opinion (peer group/union where required).

Common pitfalls

• Letters that praise but don’t prove impact;
• Evidence that’s internal and not independently verifiable;
• Titles without metrics (show adoption, citations, users, revenue, patents).

Plan the long game
A strong O-1 record often positions you for EB-1A or NIW permanent residence. We evaluate your profile, build the right evidence buckets, and craft a petition that reads like an approval—so you can skip the lottery and get to work.