As the H-1B visa becomes increasingly costly and competitive, there is a noticeable shift towards premium visa options for skilled workers. Immigrant consultants in the industry are seeing the attractiveness of other pathways growing among foreign workers looking to work and settle in the US. According to many industry experts, more individuals are migrating from employer-dependent visas like the H-1B to alternatives such as the O-1, EB-1A, EB-2, and L-1, which cater to extraordinary abilities.
H-1B Visa
H-1B visa fee hike is expected to hinder the influx of foreign talent into the United States. The H-1B visa, which earlier cost under $10,000, will now see a multifold rise for US employers looking to hire foreign workers. Trump’s proclamation imposes a $100,000 petition fee on the US employer for each employee hired from abroad. The wage-based selection system is yet to be implemented, but once in force may deter US employers from hiring foreign workers in large numbers.
“The fee hike didn’t create a new problem — it exposed an old one. For years, highly skilled people relied on the restrictive H-1B lottery because they didn’t know they had better options. The recent H1-B rulings are finally prompting India’s top talents to explore new options to move to the U.S., says Frederick Ng, Co-Founder of Beyond Border, a U.S. immigration firm focused exclusively on founders, technologists, and creative professionals.
H-1B Alternatives
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 internationally for those achievements.
“The Department of State shows that O-1 visas have maintained consistently high approval rates, generally above 89–92% from 2016–2023, with O-1A petitions in sciences and business recording roughly 92% approval in FY2023,” says Frederick.
You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met.
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You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability.
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States to establish one. The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with a fee, on behalf of the employee.