A clear trend in the hiring of foreign workers is emerging in the US job market. H-1B filings are seen to be falling sharply from large IT services firms. At the same time, O-1 visa approvals have reached nearly 39,000, an all-time high as O-1 visas continue to record over 90% approval rates across administrations.
H-1B visas have become more expensive and competitive for foreign skilled workers, who are increasingly opting for other visa alternatives. Skilled foreign workers are considering shifting from H-1B visas to other options, such as O-1 visas.
O-1 Visa
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.
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have risen to the very top of the field.
O-1 Visa Approval Rates
Although both H-1B and O-1 visas are employer-dependent, it is the approval rates that make the difference.
Frederick NG, Co-founder of Beyond Border, commenting on this recent trend, says, “O-1 visa issuances are at an all-time high amid growing uncertainty and fee hikes with the H-1B under the current Trump administration.
Approved filings have reached approximately 39,000 as per the latest USCIS data. This reflects a broad shift among U.S. visa aspirants searching for a ‘safe-haven’ pathway, with the O-1 routinely enjoying 90%+ approval rates across administrations — including Trump’s first term and the Biden administration as well.
We’re also seeing a stark drop in H-1B filings from companies like TCS, Wipro, and Cognizant, with many switching to extraordinary talent visas as an alternative pathway to move talent to the U.S.”
The initial period of stay for O-1 visa holders is 3 years, which can also be extended by filing Form I-129, Petition for a Nonimmigrant Worker and a copy of the Form I-94, Arrival/Departure Record. One can also change employers, provided the employer files the Form I-129 with the USCIS office.
Two things will make the FY 2027 H-1B Cap season special: first, a new selection procedure will be used, and second, each H-1B petition will need to be submitted with a $100,000 fee. This new fee makes H-1B an expensive route for US firms, and the new wage-based favours highly paid, highly skilled workers over low skilled foreign workforce.