Latest news with #O-1
News18
9 hours ago
- Business
- News18
O-1 Visa: New Route To US Gaining Popularity Among Indians; All You Need To Know
Last Updated: The O-1 visa, a US non-immigrant visa for individuals with extraordinary ability, is gaining popularity among Indian professionals in STEM, creative industries, and academia. As people from across the globe face several challenges to make it to the United States for work, the O-1 visa is gaining popularity among professionals. The O-1 visa is a specialized US non-immigrant visa for individuals with extraordinary ability or achievement. It is fast becoming a preferred route to the US for Indian professionals too— especially those in STEM fields, creative industries, and academia. It is being touted as H-1B visa but 'with no lottery system." Given its high success rate, the O-1 visa is now being seen as an alternative to the increasingly competitive H-1B visa. What Is O-1 Visa? The O-1 visa was introduced under the US Immigration Act of 1990 and is granted to individuals who can demonstrate exceptional talent or achievements in science, education, business, athletics (O-1A), or the arts and film. To qualify, applicants must meet at least three of eight criteria, which include awards, original contributions, published work, media coverage, and memberships in distinguished organizations. The visa is gaining traction among Indian nationals — including cybersecurity experts, AI researchers, filmmakers, athletes, and digital content creators — who are looking for a direct and merit-based pathway to work and live in the U.S. 'O-1's Like H-1B Without A Lottery' The application cost for O-1 visas could range from $10,000 to $30,000. The Economic Times, citing official data from the US Department of State, reported that the number of O-1 visas granted has increased from 8,838 in FY20 to 18,994 in fiscal 2023. ET quoting Sahil Nyati, founder at Jinee Green Card—a US-based immigration consultancy advising on specialised visa categories— reported that 'O-1's like an H-1B without a lottery." 'There's definitely higher interest in O-1, simply because it's like an H-1B without a lottery, although it's not a piece of cake," ET quoted Sahil Nyati as saying. A Growing Trend Among Indian Talent Notably, the current demand of O-1 visa by professionals has positioned India as the third highest recipient country after Great Britain and Brazil, securing 1,418 O-1 visas in FY23, up from 487 in FY20, data showed. First Published:
Time Business News
11 hours ago
- Business
- Time Business News
10 Risks to Assess When Choosing a Work Visa for International Staff
Hiring international staff can open the door to a broader talent pool, global innovation, and a competitive edge. But with opportunity comes complexity, especially when selecting the right U.S. work visa. This article explores the key risk factors HR professionals, hiring managers and founders must consider when choosing a work visa for international hires. The first step in visa selection is determining whether the candidate qualifies for the chosen visa type. Misalignment here can lead to denials, audits, or worse. Common Risks: Misunderstanding degree requirements for H-1B visas Assuming 'extraordinary ability' under O-1 without strong documentation Using L-1 without sufficient intra-company history Mitigation Tip: Use corporate immigration platforms like Boundless, which help automate eligibility screening and prepare documentation for common work visas, including H-1B, L, and O visas. U.S. immigration timelines are notoriously unpredictable. Premium processing may shorten some timelines, but bottlenecks in consulates or USCIS offices can delay onboarding by weeks or months. Common Risks: H-1B cap lottery delays or rejections EB green cards are subject to country-specific backlogs (India and China, especially) Security checks and document requests prolong approval Mitigation Tip: Plan visa timelines 6–12 months in advance. Monitor Visa Bulletin updates to USCIS processing stages in order to identify delays early. Once a visa is approved, the employer must maintain compliance with Department of Labor and USCIS rules. Failure to do so can lead to fines or disqualification from future visa sponsorship. Common Risks: Incorrect wage level filings for H-1B Incomplete Public Access Files (PAFs) Misclassification of visa status (e.g., interns misrepresented as employees) Mitigation Tip: Work with HR platforms and legal partners that maintain digital audit trails. Use structured workflows for onboarding, compensation documentation, and visa updates. Visa processing can be expensive. Fees vary based on visa type, premium processing, legal counsel, and ongoing compliance. Average Costs (approximate): H-1B: $5,000–$10,000 L-1: $4,000–$8,000 O-1: $6,000–$12,000 EB Green Cards: $10,000–$20,000 over multiple years Mitigation Tip: Use transparent, flat-fee platforms for predictable budgeting when hiring international talent. More complex immigration cases might require an immigration attorney or in-house counsel. Visa constraints can affect job satisfaction, mobility, and retention. Employees waiting years for a green card or dependent on employer sponsorship may feel stuck, or leave when options arise. Common Risks: Long wait times for EB-2/EB-3 green cards Spouses unable to work (dependent visa restrictions) Employees lured by companies offering better immigration pathways Mitigation Tip: Provide long-term sponsorship roadmaps and support (EB categories), invest in employee experience, and communicate clearly about options and timelines. Not every visa aligns with your company's size, structure, or global goals. A mismatch can introduce friction. Examples: L-1 requires a qualifying relationship between foreign and U.S. entities O-1 demands extensive documentation of individual acclaim H-1B relies on a lottery (March–April), limiting spontaneity Mitigation Tip: Consider hybrid solutions: hire offshore temporarily, use remote-first models, or explore cap-exempt H-1Bs (e.g., through nonprofit partnerships or research institutions). U.S. immigration policy shifts with each administration, and even legal visa holders can be affected by sudden regulatory changes. Recent Trends: Travel bans, visa suspensions, or executive orders under the Trump administration Increased scrutiny of STEM-related H-1Bs Green card backlog reform debates in congress Mitigation Tip: Monitor immigration policy closely and build redundancy into your talent strategy (e.g., remote teams in Canada or EU). Platforms like Boundless Immigration also offer compliance updates and government alerts. Top talent often travels with spouses or children. A restrictive dependent policy may deter candidates. Considerations: H-4 spouses may not be eligible to work without an EAD (Employment Authorization Document) School access and local licensing for dependents Permanent residency path for family members Mitigation Tip: Include family support in relocation packages and immigration planning. Errors or embellishments in visa applications can lead to denials or blacklisting, even if unintentional. Examples: Inaccurate job descriptions or inflated credentials Fake degrees or work experience (especially from third-party firms) Misuse of Optional Practical Training (OPT) or Curricular Practical Training (CPT) Mitigation Tip: Conduct thorough reference and credential checks. Centralize application materials and vet with legal oversight. Can your chosen visa process scale as your company grows? Questions to ask: Is your legal partner or platform equipped to handle dozens of visas at once? Will your HR systems track visa milestones at scale? Can your business model handle recurring sponsorship costs? Mitigation Tip: Invest in tools for end-to-end visa lifecycle management. Choose partners who can scale with your hiring roadmap. TIME BUSINESS NEWS
Mint
20 hours ago
- Business
- Mint
What is O-1 visa? New entry scheme to United States gaining popularity among Indians
The O-1 visa, designed for individuals with "extraordinary ability" in fields like STEM, business, arts, and athletics, is rapidly gaining traction among Indian professionals as a reliable alternative to the H-1B visa. Established under the Immigration Act of 1990, the visa requires applicants to meet at least three of eight rigorous criteria, such as major awards, scholarly publications, or original contributions to their field, but offers significant advantages: no annual lottery or caps, a 93% approval rate, and initial validity for up to three years with unlimited extensions. Unlike the H-1B, which faces intense scrutiny and a 37% approval rate, the O-1 allows high-skilled talent to bypass systemic uncertainties, fueling its appeal. U.S. Department of State data reveals O-1A issuances surged from 8,838 in FY2020 to 18,994 in FY2023, with Indians driving much of this growth . Indian nationals are now the third-largest cohort of O-1A visa recipients globally, trailing only the U.K. and Brazil. In FY2023, Indians secured 1,418 O-1As—a staggering 191% increase from 487 in FY2020—as STEM graduates, AI researchers, entrepreneurs, and artists leverage this pathway. Major U.S. firms like Google, Tesla, and McKinsey actively sponsor O-1 talent, while universities like Harvard and Yale recruit Indian faculty through it. The AI boom has intensified demand, with companies funding credential-building initiatives: candidates are urged to publish research, speak at conferences, or file patents to strengthen applications. For example, Soundarya Balasubramani, a 28-year-old founder of educational venture The Curious Maverick, secured an O-1A as a solo entrepreneur, highlighting its accessibility beyond traditional employment . Despite costs ranging from $10,000–$30,000—10 times higher than H-1B fees—employers and applicants increasingly invest in the O-1 for its predictability. Immigration firms like Jinee Green Card report client rosters expanding from 60 to 300 amid soaring demand, particularly from Indians rejected in multiple H-1B lotteries. While O-1A issuances (22,669 in FY2024) remain dwarfed by H-1B approvals (225,957), they grow at nearly 10% annually. Experts attribute this to the visa's flexibility: it requires no minimum salary or formal degree, accepts evidence like international awards or media coverage, and processes some petitions in as little as 10 days. As U.S. tech talent wars escalate, the O-1 represents both a lifeline for elite Indian professionals and a strategic tool for companies securing "extraordinary" global talent .
Forbes
a day ago
- Business
- Forbes
Building AI Teams: How To Develop An Immigration Infrastructure
Founder of Alcorn Immigration Law, Sophie Alcorn, helps tech and entrepreneurial talent navigate U.S. immigration for visas and green cards. AI is everywhere. Entire tech stacks are developed around AI and automation to get more done with less. Amazon, Google, Microsoft and Meta alone are expected to invest more than $320 billion combined in AI development this year, and the need for team experts is on the rise. Headcounts and teams grow around the best AI talent, which often requires hiring holders of F-1 visas (for academic students), H-1B visas (for specialty workers) or O-1 visas (for people with an "extraordinary ability or achievement"). Your internal processes for immigration may work well for one-off hires. But as teams become global, you need to build streamlined processes from day one. As the founder of an immigration law firm, let's explore how growing companies can develop a system that helps attract and retain the top immigration talent. 1. Build a talent funnel. Talent funnels keep your prospective employee pipeline full. Identify how you'll attract employees to your business before worrying about scalable systems and frameworks. One starting point is seeking international students in the U.S. Students from around the world come to the U.S. to study AI and machine learning at prestigious schools. (Note: This is a shifting landscape. At the time of this writing, some U.S. universities have faced challenges to their international student programs, and new student visa interviews have been paused, so organizations should stay up to date on how policies surrounding student visas may change.) You can recruit F-1 visa holders from these institutes with the help of: • Optional Practical Training (OPT): Eligible students can apply for 12 months of OPT that is directly related to their major area of study. • STEM Optional Practical Training: A 24-month extension is available to certain degree holders in STEM fields. Both OPT and STEM OPT can be a low-risk option for companies looking to hire talent from respectable universities. International student hiring can quickly fill your pipeline, so treat it as an asset rather than a problem. I recommend beginning immigration onboarding before graduation with an intern-to-full-time-hire workflow. STEM OPT regulations require strict adherence to compliance requirements and proactive tracking. The Department of Homeland Security has a Form I-983 overview to follow that can help your business stay on track in hiring this talent. A 'cheatsheet' of requirements is: 1. Keep Form I-983 data up to date and outline the student's learning goals during employment. 2. Report material changes quickly if changes are made to the student's work location or job duties. 3. Supervise and mentor the student to help them grow professionally. Conduct performance reviews. Organizations that are serious about building AI teams at scale should then transition into step two of this guide. 2. Go beyond OPT. The H-1B lottery is just that: a lottery. Not everyone will be picked. However, if you plan, you can be prepared and ready to act. Typically, U.S. Citizenship and Immigration Services (USCIS) opens the H-1B filing window in March for a limited duration. Results of the lottery are usually announced shortly after the closing date. On top of this short window of opportunity to register, tech companies must consider that H-1B visas are capped at 65,000. Other visas you might be able to pursue include: • Cap-exempt H-1Bs: Certain nonprofit organizations, government research organizations and higher education institutions may be exempt from the H-1B visa cap. Planning by structuring roles at qualifying organizations means you can pursue these visas at any time of the year. • O-1 visas: For standout AI talent, the O-1 visa may be a viable option. You can file a petition (Form I-129) and provide a consultation, contract, evidence of the candidate's eligibility and other documentation. • Concurrent H-1B visas: If you're hiring a foreign worker who already holds an H-1B visa, you may be able to file for concurrent H-1B employment to avoid sponsorship delays. To prepare for these alternative tracks, consider this question every time you evaluate a new hire: Do we need to sponsor them now or later? Then, proceed to build your systems accordingly. 3. Build scalable systems and frameworks. To build AI teams at scale, think beyond visas. Think scalable systems and solid frameworks that aid in long-term planning and compliance. Here's how to get started: Assign ownership to each step of the immigration process. Whether it's HR, your hiring manager or the legal department, delegating responsibilities can ensure accountability, reduce the risk of errors and keep your processes moving smoothly. Centralize documentation. Make critical documents such as public access files, offer letters and labor condition application (LCA) tracking easily accessible in one location. Schedule automated reminders for renewals, document expiration and deadlines. This can help you avoid crises and minimize disruptions. Implement a PERM-ready hiring track. Ensure job descriptions, prevailing wage data and recruitment logs are prepared to avoid bottlenecks in the recruitment process. Have standardized start times. This helps minimize the risk of attrition for those you're sponsoring. To win the AI talent war, start thinking big-picture. The AI sector is fiercely competitive. China produced almost half of the world's "top-tier AI researchers" in 2022, while the U.S. accounted for just 18%, according to MacroPolo. Nearly two dozen countries have launched visa programs aimed at tech entrepreneurs in recent years, making the landscape even more competitive. Tech companies that plan and invest in immigration infrastructure can not only attract and retain foreign AI talent but also stand out in the crowd. A solid framework could also appease investors and acquirers who want not only a product-market fit but also team mobility. I believe immigration is one 'big picture' way to help yourself win the AI talent war. Companies should think beyond one-off hires and create scalable, repeatable systems that allow them to attract and retain the world's top talent. However, to ensure your company is in compliance with immigration law, ensure you work with an experienced immigration lawyer who can help you build the appropriate infrastructure. The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation. Forbes Business Council is the foremost growth and networking organization for business owners and leaders. Do I qualify?
Time of India
a day ago
- Business
- Time of India
How O-1 visa is talented Indians new route to the American Dream
US is tightening scrutiny around the traditional H-1B visa pathway making the process unpredictable due to lotteries and caps. Now the skilled Indian professionals are turning towards the O-1 visa a lesser known route. As reported by The Economic Times, Indian professionals are going for O-1 visas which is a specialised non-immigrant visa for individuals with 'extraordinary ability' in fields like STEM, arts, business, and sports. After the unpredictable nature of popular H-1B visa, the O-1 visa is gaining a lot of traction among Indians who wish to go and work in the US. As per the report by Economic Times, Indian were granted 487 O-1A visas in FY 2020, this number was increased to 1,418 in FY 2023. With this increase, India became the third largest recipient of O-1 visa after UK and Brazil. The O-1 Visa is introduced under the Immigration Act of 1990. The Visa has total eight criterions and the applicants are required to fulfil at least three of them. These criterions include demonstration of national and international acclaim. These include published work, awards, original contributions, and media coverage. While the process of O-1 visa is difficult and it's cost can range from $10,000 to $30,000, but its approval rate is 93% much higher than 37% for H-1B visa. The ET report also mentions entrepreneurs like Soundarya Balasubramani, who launched an educational venture in the U.S., are among the new wave of Indian applicants using the O-1 to bypass the H-1B bottleneck. 'I got my O-1A approved as the solo founder and 100% owner of an educational venture,' she told ET. The report also adds that companies like Google, Tesla, OpenAI are using the O-1 visa route to tap Indian talent and are also encouraging potential candidates to publish research or attend conferences to strengthen their application.
