Consultancies in the United States are increasingly marketing the O-1A visa to Indian professionals as a reliable alternative to the H-1B programme, according to a report by the Dallas Express. The trend has drawn backlash from MAGA-aligned groups, who allege that applicants are using the visa category as a “workaround” to bypass the H-1B lottery system.
What is O-1A and O-1B visas?
The O-1 visa is a temporary, non-immigrant category for individuals with “extraordinary ability” or achievement. It has two main types: O-1A, for accomplishments in science, education, business or athletics, and O-1B, for extraordinary achievement in arts or entertainment.
Unlike the H-1B, the O-1A has no annual cap, no lottery and allows indefinite extensions, features that promotional campaigns have been highlighting to draw Indian applicants.
US firms target Indian applicants frustrated with H-1B lottery
Marketing materials reviewed by the Dallas Express show firms explicitly targeting Indian nationals frustrated with the H-1B lottery system. One firm promotes what it calls a “Three-Pillar Visa Acquisition” system, advertising the O-1A as a way to avoid “the uncertainty of the H-1B lottery.”
One Instagram ad reads: “If you’re an Indian immigrant facing visa uncertainty… Then click on the link below, fill out your information, and book a call now.”
The marketing push comes against the backdrop of broader concerns about the H-1B programme. A 2023 study by the Economic Policy Institute found that the top 30 H-1B employers hired 34,000 new H-1B workers in fiscal year 2022 while laying off at least 85,000 workers in 2022 and early 2023, raising questions about whether the programme is being used to fill genuine labour shortages.
But unverified claims on social media has been driving the narrative on H-1B techies taking over American jobs.
O-1A visa: flexibility with strict eligibility
While the O-1A offers flexibility, it comes with strict requirements. Applicants must demonstrate “extraordinary ability” through sustained national or international recognition, meeting at least three of eight evidentiary criteria set by USCIS.
Still, some industry observers say it is increasingly being used as a workaround. Speaking to the Dallas Express, the Heritage Foundation said, “Individuals and companies are also known to exploit the O-1 visa… in place of the H-1B despite its higher eligibility standards.”
The O-1A also allows indirect employment through sponsoring agents, a setup that some organisations promote as common among entrepreneurs and consultants. Critics argue that such arrangements can bypass traditional labour protections. Labour unions, including the AFL-CIO’s Department for Professional Employees, have long raised concerns about O-1 visa approvals on these grounds.
Reports have also documented cases in which petitioning companies altered or fabricated advisory letters from labour organisations to influence O-1 approvals.
Anti-Indian rhetoric and the visa backlash
The O-1A visa controversy is unfolding against a backdrop of rising anti-Indian sentiment in the United States. Data released by the Network Contagion Research Institute (NCRI) found that anti-Indian content on X tripled in weekly volume throughout 2025, accumulating over 300 million views. Separately, Stop AAPI Hate reported that anti-South Asian slurs surged 75% in January 2025 compared to November 2024.
Online backlash to the O-1A marketing has been sharp. Some users on X have called for ending all visa programmes entirely, with one writing: “ALL visas need to be ended. All of them. Send them all back. Every. Single. One.”
Tighter H-1B rules add to pressure
The visa controversy comes amid a broader tightening of the H-1B programme under the Trump administration. Key changes introduced since September 2025 include:
A $100,000 fee on new H-1B petitions for beneficiaries outside the United States, effective September 21, 2025, under a Presidential Proclamation. The fee does not apply to extensions or in-country filings.
A wage-weighted lottery system, directed by the same proclamation, aimed at prioritising higher-paid applicants in the annual H-1B selection process.
A Department of Labour proposed rule, published on March 27, 2026, that would raise prevailing wage levels for H-1B and PERM programmes by 21–33% depending on wage tier. The rule is currently in a 60-day public comment period and has not been finalised.
Meanwhile, data suggests that immigration officers are tightening their review of O-1 applications too. While overall approval rates remained above 90% in fiscal year 2025, Requests for Evidence (RFEs) and denials have increased.