What Are Some Options Besides The H-1b Visa?

By Author: Elektra B. Yao
Total Articles: 14
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So you entered the H-1B lottery and you weren’t selected? As the lottery is now a reverse lottery, favoring US degree master holders, it is likely that you will need to seek out additional visa options to continue to remain in the US.

H-1B Visa

The H-1B visa is an employer sponsored visa usually reserved for traditional employment. It lasts for 3 years and it is extendable for an additional 3 years.

In order to qualify one must hold at least a bachelor’s degree and a job offer for a specialty occupation.

O-1 Visa

Applying for the O-1 Visa is while applying for the H-1B is a great strategy to ensure you can continue to remain and work in the US.

The O visa is different from the H-1B visa because it allows for the traditional employer employee relationship in addition to having the ability to engage in multiple types of employment with different companies, projects and private individuals.

Differences between the O-1 and H-1B

Unlike the H-1B, for the O-1 one doesn’t need a specific degree or specific ...
... years of employment to qualify.

The second major difference is that for the H-1B, one needs to earn a prevailing wage, which is set by the government. The prevailing wage requirement is to ensure that the foreign national isn’t being exploited for her work.

The O-1 visa does not have a prevailing wage requirement. However, if the projected salary is too low USCIS may raise FLSA issues.

The third major difference is that with the H-1B visa, employment is limited to one employer, while the O-1 allows for multiple types of employment to occur simultaneously. What is unique to the O-1B is that the beneficiary can “add additional performances and engagements.” The same is not true for the O-1 visa.

Elektra Yao is the managing attorney and founder of Yao Law Group. She loves working with artists and is a recognized leader for O-1 visas. Visit yaolawgroup.com for more information.

Elektra B. Yao, Esq. is the founder and principal attorney at Yao Law Group law firm dedicated to international and domestic artists. Elektra earned her Bachelor’s Degree in Communication Arts from Marymount Manhattan College in NYC, one of the top art schools in the nation. During her undergraduate university career, Elektra wrote, directed, and produced two documentaries (N*gga What? and The Choking Game) which were screened in Texas and New York City. During college, she worked for MTV, the Style Network, and other distinguished production companies in the Film and TV industry. Elektra is a very active attorney and is a member of The American Immigration Lawyers Association, Black Entertainment and Sports Lawyer Association, and The New York City Bar Association, where is she is a member of several committees. As a multicultural attorney, with immigrant parents from Italy and Cote D’Ivoire, Elektra is fully fluent in French, Italian, and Spanish. She has lived, studied, and worked internationally in the US, the EU, and Africa. Not only does she understand the language her clients speak, she understands the cultural and artistic landscape of where they come from. Elektra has successfully represented record labels, modeling agencies, production companies, individual artists, and creatives. Mission Elektra’s mission is to serve artists and creative professionals by helping them secure artists visas, cement their brands, and monetize their artistry.