Comment by nyorai
3 hours ago
You assume this is talent. Thats not at all the case. Most are mediocre workers who came in as masters students and got OPT and h1b eventually with PERM.
The talented workers can always apply for the O1 and get approved
3 hours ago
You assume this is talent. Thats not at all the case. Most are mediocre workers who came in as masters students and got OPT and h1b eventually with PERM.
The talented workers can always apply for the O1 and get approved
Talent isn't enough for O-1, because the criteria are mostly about individual achievements. An established professional can fulfill them easier than a more talented junior. The criteria are about demonstrating that it has to be this specific individual, who would bring something more than the generic talent you can always get from the market by paying more than your competitors.
O-1 is also easier to get in fields like academia and entertainment, where everyone is building their individual brand. Corporate employees have a harder time qualifying, because their contributions are rarely attributed to them in public.
There's different degrees of talent. An international student who graduates from Stanford or MIT would not qualify for an O1 visa, but the US would be shooting itself in the foot to send them back.