O-1 vs H-1B: Why extraordinary talent shouldn't wait for the lottery

The H-1B Gambling Problem

The H-1B cap is heavily oversubscribed. With only 85k spots and hundreds of thousands of registrations, your chances are often below 25%. For a top-tier engineer or founder, betting your career on a coin flip is bad strategy.

The O-1 Meritocracy

The O-1 has no cap. No lottery. It is available year-round. If you meet the criteria (3 of 8), you will get the visa. It is a predictable outcome based on your achievements.

Is O-1 harder?

Yes, the evidentiary bar is higher. H-1B only requires a degree and a job offer. O-1 requires proof of "distinction." However, for many senior engineers, startup founders with funding, or researchers with citations, the O-1 bar is cleared easily with proper documentation.

Flexibility

• H-1B: strict wage requirements, strict location requirements (LCA), strict role definitions.
• O-1: More flexible. You can work for multiple employers (with an Agent petitioner), you can work on a "projects" basis, and you can self-employ through your own company (with proper structuring).

Speed

• H-1B: Register in March. Lottery in April. File in June. Start work in October. (7 months best case).
• O-1: File today with Premium Processing. Approved in 15 days. Start work immediately.

Conclusion

If you have the accolades—awards, high salary, press, key roles, or original contributions—stop waiting for the H-1B lottery. Control your own destiny with the O-1A.