⚠️ Informational only. Immigration rules change. Consult a licensed attorney for your specific situation.
H-1B
Visa TypeNonimmigrant
Duration3 yrs (extendable to 6)
SponsorshipRequired
Annual CapYes (85,000/yr lottery)
Green Card PathGreen card possible
Premium ProcessingYes ($2,805)
Wage RequirementPrevailing wage required
O-1
Visa TypeNonimmigrant
Duration3 yrs (extendable)
SponsorshipRequired
Annual CapNo cap
Green Card PathEB-1A possible
Premium ProcessingYes
Wage RequirementPrevailing wage not required
Approval Rate Comparison
H-1B Approval History
| Year | Petitions | Approval Rate |
|---|---|---|
| 2024 | 320,000 | 8500.0% |
| 2024 | 460,000 | 9300.0% |
| 2024 | 780,000 | 1090.0% |
O-1 Approval History
| Year | Petitions | Approval Rate |
|---|---|---|
| 2024 | 18,423 | 8207.0% |
| 2024 | 35,892 | 8118.0% |
| 2023 | 32,341 | 8100.0% |
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Frequently Asked Questions
What is the main difference between H-1B and O-1?
H-1B is Nonimmigrant while O-1 is Nonimmigrant. H-1B requires required, while O-1 requires required. Duration: H-1B lasts 3 yrs (extendable to 6) vs O-1 lasting 3 yrs (extendable).
Can I switch from H-1B to O-1?
Switching between visa types typically requires filing a new petition or change-of-status application with USCIS. Each situation is different. Consult an immigration attorney to evaluate your specific circumstances.
Which is better for a green card — H-1B or O-1?
EB-1A possible has different green card implications. Green card possible is a nonimmigrant path that may lead to a green card. Your best path depends on your qualifications, nationality, and employer situation.