The O-1 visa may be a viable alternative to the H-1B visa, not just for artists and creative professionals, but also for those in the field of business.

In contrast to the O-1, H-1B denials and Requests for Evidence (RFEs) increased significantly in the 4th quarter of FY 2017, likely due to new Trump administration policies, according to data obtained from U.S. Citizenship and Immigration Services (USCIS) by the National Foundation for American Policy. The proportion of H-1B petitions denied for foreign-born professionals increased by 41% increase from the 3rd to the 4th quarter of FY 2017, rising from a denial rate of 15.9% in the 3rd quarter to 22.4% in the 4th quarter. The number of Requests for Evidence in the 4th quarter of FY 2017 almost equaled the total number issued by USCIS adjudicators for the first three quarters of FY 2017 combined (63,184 vs. 63,599). This trend continued through FY 2018 and is probably unlikely to change in the year ahead.

If you are considering the O-1 as a viable alternative to the H-1B and want to see if it is right for you, contact us at 718-539-1100 or info@jckimlaw.com.