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.