As H-1B gets tougher, Indians turn to O-1 and ‘Einstein Visas’ for US entry: Eligibility, cost and how they work

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As the US tightens rules on traditional work and student visas under the Trump administration, Indian nationals, especially highly skilled professionals and talented students, are exploring new, elite immigration pathways to gain entry. Two such options now gaining traction are the O-1 visa and the EB-1A visa, often dubbed the ‘Einstein visa’.

These visas are designed for individuals with extraordinary abilities in fields like science, education, the arts, business, or athletics. While they require more evidence of distinction than the H-1B, they are not subject to the same annual caps or employer constraints. For high-achieving Indians, these categories are emerging as strategic alternatives.

What is O-1 visa?

The O-1 visa is a non-immigrant, employment-based visa for individuals who possess extraordinary ability or achievement in their field. There are two main categories – O-1A and O-1B. O-1A is for individuals with extraordinary ability in science, education, business, or athletics, and O-1B is for individuals with extraordinary ability in the arts, or achievement in the film or television industry.

Unlike the H-1B visa, there is no cap on the O-1 visa, which is typically valid for up to three years and can possibly be extended. While H-1B has an approval rate of just 37 per cent, O-1 visa has a 93 per cent approval rate.

The O-1 visa, however, is expensive, costing between $10,000 (Rs 8.5 lakh) and $30,000 (Rs 25.6 lakh. Despite this, it is gaining popularity as an alternative to the H-1B because it doesn’t require a minimum salary or a degree and can be processed in under two weeks.

In 2024, over 22,600 O-1 visas were granted, up from 18,894 in 2023 and more than double the 8,838 issued in 2020. Indians received 1,418 of these in 2023 – nearly triple the number from 2020. Only UK and Brazilian citizens received more.

It can also lead to a green card via transition to EB-1.

What is Einstein Visa (EB-1A)?

Nicknamed the ‘Einstein visa’, the EB-1A is a green card (immigrant) category for individuals with “extraordinary ability” who have received “sustained national and international acclaim”. This includes Pulitzer Prize winners, Oscar winners, those who have won Olympic medals, academic researchers and professors of international repute.

To qualify for the O-1 visa, applicants must show evidence of extraordinary ability. This can include:

• Winning major national or international awards
• Being a member of elite associations that require outstanding achievements
• Being featured in major media outlets
• Being invited to judge the work of others in the field
• Making original contributions to their area of expertise
• Gaining recognition or success in the arts
• Having work published or showcased
• Playing a key role in well-known organisations
• Earning a high salary compared to others in the same field