The H-1B visa is a type of H1 visa that offers all the same benefits as the H1 visa, but this type of visa is specifically for professionals with Bachelor’s or Higher Degree or its equivalent or Certified Specialists. The O-1 nonimmigrant visa is for foreign nationals who have extraordinary ability and are well known nationally or globally for their achievements in fields such as science, art, education, athletics, or business. The H1-B visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. The existence (or not) of a cap is only one of the major differences between the O-1 and H-1B, many other differences exists, which we discuss next. Let us compare the two categories based on their advantages and disadvantages. The H-1B visa category is another nonimmigrant temporary classification which applies to foreign nationals who wish to live and work temporarily in the U.S. in any of these three fields: Both the H-1B and H1B2 require an applicant to have at least a bachelor’s degree or its equivalent in the job specialty from an accredited institution. It is a “capped” visa, which means a limited number of new visas are available every year (with exceptions and exemptions, such as for people who plan to work for institutions of higher education or related nonprofits). If the I-129 is approved, the USCIS will forward your case to the U.S. embassy or consulate in your country of residence where you will proceed to apply for an H-1B visa at the U.S. embassy or consulate nearest in your current country of residence. The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has … From the moment my wife and I met with Miss Shilpa she set our expectations and helped us submit our visa applications. This process is known as consular processing and will involve the submission of biographic information, credentials, and participation in an interview. I would highly recommend SGM law group immigration services. With the right set of skills and experience, you might be lucky enough to match the eligibility criteria for more than one type of U.S. visa: specifically, either the H-1B visa for specialty occupation workers, or the O-1 visa for workers of extraordinary talent. green card). Not only that, we will also help you file your petition, and give you the best possible chance of success. You must have a valid job offer from a U.S. employer 2. The visa cap the numeric limit of each visa category per year – meaning once the given number is reached, all unselected applicants will have to wait for the following year. It is also available for those who have made remarkable achievements in the motion picture and television industry. The O1 visa is a non-resident US visa for people who demonstrate extraordinary ability in their field, whether that be the arts, sport, business, education, or the sciences.. The H-1B also has an initial period of stay of 3 years. After that, the government looks at the job and the employee’s qualifications to see whether the person and position offered qualify. A new employer filed O1 petition for me and was approved with a valid date from Jan 4. The H-1B is a nonimmigrant visa that allows specialized workers to be employed in the U.S. Due to its relatively low eligibility requirements, the H-1B is the most popular nonimmigrant visa available. Some people who are already working in the U.S. have options to fill the gap between their date of approval and October, but others do not, and might have to leave the U.S. if their previous status expires before the H-1B becomes effective. Many don’t know that they might qualify for an O1 visa. Depending on the service center processing your application, the I-129 petition usually takes between 2-3 months to process. Another advantage of the O-1 is that it is granted based on how long the project or job will last in the U.S., and is not initially granted for more than a three-year stay. The H-1B and O-1 are used at the NIH to employ scientists in Title 42 (FTE) positions. The H-1B visa is used every year by many U.S. employers to get specialty workers—those who have at least a bachelor’s-level degree in the same specialty that the employer is hiring for. The only exception to this is the H-1B2, where an LCA is not required. Let’s take a closer look at the H1B1 visa category which is one of the best H1Balternatives for Chilean and Singaporeans. The H-1B requires a bachelor’s level degree (or its equivalent) in the same specialty that the employer is hiring for. I will recommend Shilpa and her law firm, SGM to anyone who needs capable and experience hands to help with his/her petition. One of the highest aspirations of many foreign nonimmigrant visa holders in the U.S. is to become a U.S. green card holder. Some interesting O-1 Visa facts that may help you: Consultations/Written Advisory Opinion Generally speaking, a consultation/written advisory opinion is required from a labor union before an O-1 visa petition may be adjudicated. Very passionate about her work! The H-1B visa does not become effective until October of the same year it was issued (again, because of the annual cap—October is the beginning of a new fiscal year, and a new visa allotment). Due to requirement similarities between O-1 nonimmigrant and EB-1 immigrant visas, most O-1 holders have a good shot at EB-1 green card after spending a certain number of years in the U.S. may be longer due to the Labor Certification requirements. If you need your case to be resolved be sure to contact her! The new company must apply for a new H1B visa (or visa transfer) with the Department of Labor with copies of CV, transcripts and other documents. Is it still a requirement to go through lottery in such case ? Thank you so much for all your help !! Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. From the very first time we spoke, Shilpa (SGM) already had in mind, a plan and methodology to approach the task at hand, making me believe it was possible. With O1 visa, you can renew your visa after 3 years for 1 year at a time. The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or … You can always renew your status for as long as your contract or employment in the U.S. is still valid. An H-1B, by comparison, will ordinarily reach its maximum renewals after six years, unless you qualify for special exceptions based on having had another application pending with USCIS for a long time. The two most common work Visas for the United States are the L1 Visa and the H-1B Visa. The first step of the U.S. employment-based nonimmigrant visa application process is choosing the category with the best prospects for an individual applicant. H1 visa is a special visa that allows U.S.-based employers to hire foreign employees to work for them. She had winning ideas, creativity and excellence right from the onset which reflected upon what was filed, and the hard work and heart put into it for the resultant success. The available visas are often exhausted pretty quickly. My current employer wants me to work until that time so that I can wrap up the work here. Clearly, the O-1 visa has more stringent requirements than H-1B. As we mentioned, the H-1B visa application begins in April of every year, and the available visas are usually exhausted quickly. The H-1B visa has one particular advantage: Its threshold ability and education requirement is much lower than for the O-1. I was immediately convinced she is the right Attorney I should stick with. Specifically, 65,000 new H-1B visas are available annually, with some of these reserved for applicants from specific countries, plus an additional 20,000 for people with a U.S. master’s or higher degree. is for foreign nationals who have extraordinary ability and are well known nationally or globally for their achievements in fields such as science, art, education, athletics, or business. If you base your qualification on a single international award, it is expected to be in the category of a Nobel Prize or a Grammy. To learn more about the EB-1 requirements, see EB-1 Visa for Priority Workers: Who Qualifies?. Consequently, people who qualify for the O-1 often have a degree or education well above the bachelor’s level (for example, researchers who have a Ph.D.). But will my H1b expire on Jan 4 once the O1 kicks in? Money, fame and autograph hunters go hand in hand with top athletes who have practiced their sport all over the world. B1, B2 B1 Visitor for Business; B2 visa or visitor visa for Pleasure is available for coming to the US for business or pleasure. After that, if you are outside the U.S., you will be scheduled for an interview a few weeks after the decision on your I-129. The O1 visa is the awesome person visa. The category is reserved only for nationals of Chile and Singapore subsequent to a Free Trade Agreement with the U.S. Like the H-1B visa, the O-1 is employer-sponsored, and children and spouses are allowed to accompany the visa holder. This article discusses the requirements, benefits, and processes for each status while offering helpful tips for choosing the best one based on your eligibility. While neither the H-1B nor O-1 category leads to an automatic green card, one still appears more promising. This video explains the top o1 visa denial reasons and goes through top tips that that will get your O1 visa approved. 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