See the chart below for a side-by-side comparison of the H-1B visa and O-1 visa. If you have any questions or would like additional details regarding either of these visas, we would be happy to speak with you.
| H-1B | O-1 | |
| Visa definition | Specialty Occupations | Extraordinary Ability or Achievement |
| Type of visa | Nonimmigrant | Nonimmigrant |
| Maximum duration of stay | 6 years | N/A |
| Initial validity period and extension of stay | Initial validity of up to 3 years, with option to file one 3-year extension. | Initial petition may request up to 3 years, with subsequent one-year extensions. |
| Eligibility | Must work in a specialty occupation requiring a bachelor’s degree or higher in a related field. | Extraordinary ability in the sciences, arts, education, business, or athletics with proven national or international recognition |
| Labor Condition Application Required? | Yes | No |
| When to file | Within 180 days of beneficiary’s expected start date | Within one year of the beneficiary’s expected start date |
| Filing an extension of stay | Submit extension petition to USCIS with updated documentation demonstrating continued eligibility | Submit extension petition to USCIS with updated documentation demonstrating continued eligibility |
| While extension petition is pending | May remain and work in the United States up to 240 days of the end date on original approval notice | May remain and work in the United States up to 240 days of the end date on original approval notice |
| Additional Employment | Can only provide services to petitioning employer | Can only provide services to petitioning employer |
| Employer Transfer | May begin employment with new employer following submission of new employer’s petition submission to USCIS – “portability” | New petition for new employment required, and petition must be approved before employee can begin work. |