H-1B1 versus O-1

 

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here.  Feel free to connect with me on Linkedin.

[Disclaimer:  This blog post is for informational purposes only and does not constitute legal advice]

I have been asked a few times about the difference between the H-1B1 versus the O-1 visa.  This is understandable as some Singaporeans may find that they could be eligible for either one.

Having extensively done both types of cases, here is a brief summary to compare them. 

Visa classification	H-1B1 Singaporean in a Specialty Occupation	O-1A Individual with extraordinary ability in the sciences, education, business or athletics	O-1B Individual with extraordinary ability in the arts, or Individual with extraordinary achievement in the motion picture or tv industry
Summary of key criteria	Singaporean must possess a relevant bachelor’s degree or higher for the job offered, and the job offered normally requires a relevant bachelor’s degree or higher	Receipt of a major, internationally recognized award, e.g. Nobel Prize,           OR   At least 3 of the following: (1) Nationally or internationally recognized awards (2) Membership in associations which require outstanding achievements (3) Major media about the applicant (4) Judging the work of others in the field (5) Original contributions of major significance (6) Authorship of scholarly articles (7) Employed in a critical or essential capacity for distinguished organizations (8) Has commanded or will command a high salary	Been nominated for, or has been the recipient of, significant national or international awards, e.g. Academy Award, an Emmy, a Grammy, or a Director's Guild Award   OR   At least 3 of the following: (1) Has and will perform as a lead or starring participant in distinguished productions or events (2) Major media about the applicant (3) Has and will perform in a lead, starring or critical role for distinguished organizations (4) Record of major commercial or critically acclaimed successes (5) Recognition of the applicant’s achievements from experts (in the form of testimonial letters) (6) Has commanded or will command a high salary
Is an “Advisory Opinion” required?	Not Applicable.	Yes.   An “advisory opinion” from an appropriate peer group  (including a labor organization) vouching for the applicant’s extraordinary ability or achievement is required, unless an appropriate peer group does not exist.	Same as O-1A
Is an “Agent Petitioner” permitted?	Not Applicable.   The H-1B1 employer sponsoring you must be an actual employer	Yes.   An O-1 petitioner can be an actual employer or an “agent”.  An “agent” allows for multiple employers if the “agent” is authorized by them to act as their agent/representative for O-1 purposes.	Same as O-1A
Is a USCIS Petition Approval required?	No	Yes.  A USCIS petition approval notice (also known as the I-797 approval notice) is required for an O-1 visa application at the U.S. Embassy in Singapore.	Same as O-1A

 

From my experience, it often takes a significantly longer time to prepare for an O-1 case compared to an H-1B1 case.  This is not surprising given that more evidence is generally required to show extraordinary ability or achievement, and an O-1 visa application requires a USCIS petition approval (whereas an H-1B1 visa application does not). 

 

In practice, Singaporeans can experience a tougher time at the U.S. Embassy in Singapore for an O-1 compared to an H-1B1 because it is generally harder to convince the consular officer in Singapore of having met the O-1 “extraordinary ability/achievement” evidentiary criteria even though USCIS has already approved the O-1 petition.

 

Having said that, if you have accumulated a level of expertise and achievement in your field and can document it in accordance with the appropriate O-1A/O-1B criteria, you should not be deterred from considering O-1 as a possible option.

 

The above comparison is but a snapshot. Thus, it would benefit you to consult with an experienced immigration attorney to learn more about the pros and cons of each.