Founders and researchers often qualify for more than one work visa. The two we compare most are the H-1B and the O-1. They answer different questions, and the better choice depends on your record and your employer.
The evidence each one asks for
The H-1B is for a specialty occupation: a job that normally requires at least a bachelor’s degree in a specific field. You need the degree, or equivalent education and experience, in a related field.
The O-1 is for extraordinary ability. You show sustained recognition through evidence such as awards, publications about your work, original contributions, judging others’ work or a high salary. Most O-1 cases meet several of the listed criteria and then show the record as a whole.
Whether you need a lottery
Most new H-1B employees are subject to an annual cap, with a registration and selection each spring. If you are not selected, you wait a year.
Some employers are exempt from the cap, including universities, their affiliated nonprofits and nonprofit research organizations. Researchers hired by them can file at any time.
The O-1 has no cap and no lottery. It can be filed whenever the evidence is ready.
Who can be your employer
Both visas need a U.S. petitioner. For an H-1B, that is the employer. For an O-1, it can be an employer or a U.S. agent, which helps people who work for several clients.
Founders can be sponsored by a company they own, with conditions. USCIS looks at whether the company is real, whether it can pay, and who has the authority to direct the work.
An O-1 case also needs a written advisory opinion from a peer group, labor organization or management organization in your field. Start that early.
Sources
- USCIS, H-1B Specialty Occupations
- USCIS, O-1 Visa: Individuals with Extraordinary Ability or Achievement
Published Aug. 25, 2026.