USCIS reports that H-1B cases triggered Requests for Evidence (RFEs) in about 8–10% of adjudications, while O-category petitions saw roughly 22.6% RFE rates; every RFE means delays, added legal work, and—if the employer is in H-1B status—heightened compliance scrutiny. With IBP Law, our immigration attorneys audit the evidence against the O-1 criteria, map H-1B wage/worksite duties, and build a filing plan that avoids common triggers while keeping timelines realistic for you and your team. Book a strategy call to get started.

O-1 Visa: Extraordinary Ability Without a Cap

The O-1 centers on the person, not the job title: adjudicators look for a record of sustained acclaim and then confirm that the proposed U.S. work actually calls for talent at that level. These classifications group applicants by field and, in some cases, allow essential support staff to accompany the principal talent:

• O-1A (Science, Education, Business, Athletics): For individuals with sustained national or international recognition in non-arts fields.
  
• O-1B (Arts, Motion Picture/TV): For artists and entertainment professionals with extraordinary achievement or acclaim.
  
• O-2 (Support Personnel): For indispensable team members assisting an O-1—most commonly tied to O-1B productions or tours.

Adjudicators expect a tight link between your past recognition and the U.S. work you will perform so you must have:

• Extraordinary Ability/Achievement: A documented track record of national or international recognition.
  
• Qualifying U.S. Engagements: Defined projects, events, or roles that align with your demonstrated ability.
  
• Advisory Opinion: A written peer group or labor consultation addressing the nature of the work and your standing.

Strong filings group third-party proof under the exact regulatory criteria so reviewers can verify impact quickly. Major national or international awards show objective recognition. Published material about you in professional or major media confirms independent interest. Original contributions of major significance—like widely adopted research, patents with documented use, or industry standards—demonstrate real-world value. 

Authorship of scholarly or influential works supports subject-matter leadership. Critical or leading roles at distinguished organizations prove trust at the highest levels. High compensation, shown with reliable data, signals market demand. Comparable evidence—peer-review service, juried selections, audience or revenue metrics, festival wins, or chart results—rounds out the picture.

More so, USCIS permits more than one petitioner setup if the arrangement is genuine and well documented. In a single-employer model, one U.S. company sponsors a defined role or project. In a U.S. agent model, an agent files to cover multiple engagements, supported by contracts, deal memos, and a clear itinerary.

Your filing window depends on evidence readiness and project dates, not a quota. There is no annual cap, so you can file when your portfolio and U.S. work are set. Initial validity is up to three years, with one-year extensions tied to ongoing work. Premium processing is available to speed the decision once the packet is complete. Family members can accompany you, but their benefits differ from employment-authorized spouses in some other categories. Spouses and children may study but are not authorized for employment.

H-1B Visa: Specialty Occupations with Wage Protections

The H-1B centers on the job: adjudicators confirm the position is a specialty occupation that normally requires at least a bachelor’s degree in a specific field, that the worker is qualified, and that the employer follows wage and worksite rules designed to protect both U.S. and H-1B employees. Because timing controls strategy, it helps to start with how H-1B filings are categorized:

• Cap-subject H-1B: Requires electronic registration and selection before filing a full petition; most private-sector hires follow this path for an October 1 start.
  
• Cap-exempt H-1B: Qualifying universities, affiliated nonprofits, and certain research organizations can file year-round without the lottery.
  
• Related classifications: H-1B1 (Chile/Singapore) and E-3 (Australia) are separate categories with their own rules.

A strong H-1B case begins with proof that the role and the worker meet the legal standard. The job description should show why the duties require a degree in a specific discipline (not “any degree”), and the beneficiary’s education—or permitted equivalency—must match that field. The employer must also demonstrate a real right to hire, pay, supervise, and direct the work, and secure a certified Labor Condition Application (LCA) for the right wage level and each intended worksite.

Officers look for four core eligibility elements, so your FL immigration lawyers make these unmistakable.

• Specialty occupation position: Duties that normally require at least a bachelor’s in a specific field tied to the work.
  
• Qualified beneficiary: Degree in the matching discipline, or a documented education/experience equivalency where allowed.
  
• Employer–employee relationship: The petitioner retains the right to hire, pay, supervise, and direct the work.
  
• Certified LCA: A Labor Condition Application covering wage level and every intended place of employment.

Selection mechanics and filing windows turn on whether the job is cap-subject or cap-exempt. For cap-subject roles, registration comes first and only selected registrations may proceed to full petitions; premium processing can accelerate adjudication after filing but never replaces selection. Cap-exempt employers bypass the lottery entirely and may file whenever business needs require.

Your evidence should make it easy to verify how the degree maps to day-to-day duties and how the employer meets wage obligations. The support letter should explain the degree’s relevance to core tasks in clear language, and education records (with a credential evaluation if needed) should align with that explanation. If work occurs at client sites, letters from end clients or vendors help confirm duties, location, and supervision.

Keep the document set focused and traceable so reviewers can follow the logic without guessing.

• Support letter tying specialized duties to a specific degree field and outlining daily tasks.
  
• Evidence of qualifications (résumé, diplomas, transcripts, and any credential evaluation).
  
• LCA and wage records showing pay at or above the prevailing wage and proof of proper posting.
  
• End-client/vendor letters when duties occur at third-party sites to confirm location and oversight.

Compliance starts with the LCA and continues through accurate worksite planning and record-keeping. Employers must pay the higher of the prevailing wage or the actual wage paid to similarly situated staff, identify each intended worksite (including remote or hybrid) with geographic specificity, and maintain a complete public-access file. If duties or locations change in a material way, an amended petition may be necessary to keep the record clean.

Since LCA accuracy drives compliance, your immigration lawyers build these checkpoints into the process:

• Prevailing wage floor: Pay at least the higher of the prevailing or actual wage.
  
• Worksite specificity: List every intended place of employment with precise geography.
  
• Posting & public-access file: Post notices on time and maintain required documents for inspection.
  
• Amend on change: File an amended petition if duties or locations change materially.

Portability reduces downtime when changing employers if the handoff is planned carefully. Many workers may begin with a new employer once USCIS receives a timely, non-frivolous change-of-employer filing, provided status and pay remain continuous and the new role still qualifies as a specialty occupation. Clear payroll records and synchronized start dates make portability smoother.

H-1B tends to be the right choice when the job is a degree-specific role (for example, software engineer, architect, accountant, analyst, pharmacist), the employer can manage LCA and worksite duties, and the worker values portability and a well-established route to long-term stability. Clear drafting, precise worksite mapping, and tidy wage records do most of the heavy lifting—and they keep both adjudication and audits straightforward.

The Key Questions to Decide Between O-1 and H-1B

Use these simple questions to quickly spot which visa fits your plans, timing, and family needs.

• Do you win on the job or on your record?
  If your job clearly requires a specific bachelor’s degree (e.g., CS for software engineer), H-1B fits. If your personal record is the star (awards, press, patents, citations, leadership), O-1 fits.
  
• Is the lottery risk acceptable?
  Cap-subject H-1B needs registration and selection before filing; O-1 has no cap and can be filed year-round. Many candidates register for H-1B and prepare an O-1 as a backup.
  
• What does your family need in the first 12–18 months?
  O-3 spouses cannot work; H-4 spouses may qualify for an EAD in defined situations (often after I-140 approval). If your spouse needs income soon, H-1B may be better.
  
• How portable do you need to be?
  H-1B portability lets many workers start with a new employer on USCIS receipt of a change-of-employer filing. O-1 changes need a new petition (or a properly structured agent model).
  
• What compliance load fits your employer?
  H-1B requires an LCA, prevailing wage, postings, and precise worksite listings; O-1 has no LCA but needs a peer/union consultation and clear contracts or an itinerary.

If your merits and project-based work lead the story, O-1 often fits; if your degree-specific job, portability, and a possible H-4 EAD matter most, H-1B often fits. To avoid costly delays and RFEs, get tailored guidance on evidence, LCA/wage planning, timelines, and spouse work options. An online immigration lawyer can map the fastest credible path and prepare a filing that meets what officers actually look for. 

Compare Visa Requirements with an Employment Immigration Lawyer

Choosing between O-1 and H-1B turns on verifiable facts: O-1 approvals are driven by sustained acclaim and a proper consultation, while H-1B hinges on a specialty-occupation showing plus LCA/prevailing-wage compliance and, where eligible, an H-4 EAD that can support a two-income household—rules confirmed by USCIS and the Department of Labor; at IBP Immigration Law, our immigration attorneys align your evidence, employer needs, and timeline with these standards, coordinate filings step-by-step, and keep the long-term residency plan in view—contact us today.