Are O1 visa applications getting significantly more scrutiny nowadays?
I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this.
Hence I am wondering if switching jobs could potentially help here.
Big tech is risk averse and avoids pursuing O-1s unless there's no other option and the candidate/employee is highly valued. But I haven't seen any change yet in the adjudication of O-1 petitions. Nearly all our O-1 petitions still get approved and when we receive a Request for Additional Evidence (or RFE), the issues raised are the same issues that were raised before January 2025.
Is it true that most big tech companies and possibly the startups you work with strongly prefer H-1B transfers over candidates who might have held an H-1B in the past (with an approved I-140), but are currently on a B-2? In your experience/opinion, is such a situation disadvantageous to the candidate's competitiveness in attaining employment at these coveted companies?
If the company is paying attention and knows what it's doing, then the interim B-2 status of a candidate shouldn't matter; at worst, it just means that the candidate might have to depart and reenter to activate his or her H-1B status with the new employer.
Super helpful! Much obliged!
Makes sense, thanks.
O1 is an inferior visa, so they are right that you should be trying for H1B before going for an O1. I'm assuming that you are on OPT or some other visa category. There is likely no advantage to getting an O1 in your current situation.
> likely no advantage
Freedom to travel. Can't realistically renew F1.
Yeah, if your F1 expires before your OPT, it makes sense to try for an O1. It's a minor expense for the company. Escalate it through your management chain.
Seriously? I can't renew it? I'm just at the start of my OPT, I can't not visit home for 3 years ...
Well, in theory you can. In practice it gets rejected so often that it's not worth risking unless you have a solid backup plan.