Difference between O-1 and H1-B

Difference between O-1 and H1-B

Many times, foreign professionals who wish to work in the United States have many options when applying for a work visa because of their academic and professional background. Choosing the right type of visa can greatly increase your chances of obtaining a visa. When choosing a visa type, you need to consider the visa amount, visa validity period, Various factors such as residence requirements. Due to their own situation, some professionals are more suitable for H-1B (also known as h1b签证), there are more suitable for O-1.

The most common and traditional way to convert a student visa to a work visa is to apply for an H-1B visa. Since the H-1B visa application (also known as h1b 申请) and the H-1B lottery procedure (also known as h1b 抽签) are very complicated, you should always consider hiring an immigration lawyer (also known as 纽约移民律师) when you apply for an H-1B visa.

There are similarities between the O-1 visa and the H-1B visa application conditions. The H-1B visa is mainly for foreign professionals who come to the United States for short-term “professional work”. The main areas of work for H-1B labor include engineering, mathematics, science, biotechnology, and business. O-1 is a non-immigrant visa that applies to foreigners with “extraordinary ability” in science, art (including television and film), education, business or sports. They are all employment based and require finding companies that sponsor h1b

Although H-1B has many similarities with O-1, the difference still exists. O-1 has the following advantages over H-1B:

No quota limits

H-1B has only 65,000 places per fiscal year. There are also some H-1B positions that are not subject to annual quotas, but they are a minority. Many eligible foreigners are unable to obtain an H-1B visa due to the exhaustion of their quota. O-1 visas do not have similar quota limits and can be applied as long as they meet the requirements. Therefore, if a foreigner who meets the conditions cannot obtain an H-1B visa due they lost the lottery (also known as h1b抽签), he or she may consider applying for an O-1 visa.

H-1B has a total stay of only 6 years

The initial stay of the H-1B visa holder at the time of entry is 3 years, and may be extended for 3 years, but the total stay is not more than 6 years. Six years later, H-1B holders need to leave the United States or gain other identities, or they will lose their legal status in the United States. Of course, in rare cases H-1B holders can apply for an extension of more than 6 years.

Generally speaking, OIS visa holders are allowed to stay for a certain period of time, limited to a maximum of 3 years, if they are allowed to complete an activity, work or performance. After the status expires, you can apply for an extension to continue the unfinished activities, work or performance, and you can apply for an extension of up to 1 year at a time. Therefore, in theory, as long as the Immigration Bureau believes that O-1 holders need more time to complete their work, the legal duration of the O-1 visa can be extended indefinitely. This makes the O-1 visa more attractive than the H-1B.