In September 2025, the U.S. government introduced a sweeping change to the H-1B program, requiring a one-time $100,000 fee on new H-1B visa petitions filed on or after September 21, 2025. This sudden increase is intended to reshape hiring practices and raise the bar for foreign labor, but it also places huge financial burdens on employers, especially startups and small businesses. As a result, this move signals heightened scrutiny and tougher conditions for H-1B applicants.
In this environment, the O-1 visa, often reserved for individuals with extraordinary ability, has become an increasingly attractive and strategic alternative for those seeking to work in the U.S. without the uncertainty and cost of the H-1B route.
Why O-1 Is an Even Stronger Alternative to the H-1B in Today’s Climate
Challenges Facing the H-1B Route (and Why O-1 Stands Out)
Higher Government Fees & Increased Costs
With the new proclamation, any new H-1B petition filed after Sept. 21, 2025 must include the $100,000 surcharge. This extraordinary fee change drastically raises the cost barrier and alters the financial calculus for employers.
Heightened Scrutiny and Rising Denial Rates
USCIS is applying stricter review standards for specialty occupation designations, prevailing wage requirements, and the employer-employee relationship. Many H-1B petitions that were previously defensible are now being issued Requests for Evidence (RFEs) or denials.
Cap & Lottery Limitations Still in Place
Despite the upheaval, the H-1B program remains subject to an annual cap and a lottery system for most positions. That means even if you meet the qualifications, there’s no guarantee of selection.
Strict Employer Ties
Under H-1B, you’re typically limited to working for one sponsoring employer. To change jobs you must file a new petition, often restarting portions of the approval process with new scrutiny.
What O-1 Offers Instead
- No cap or lottery: O-1 petitions can be filed at any time of year and are not subject to numeric limits.
- Flexibility: You may have multiple employers or contracts through an agent model, making it suitable for freelancers and creatives.
- Merit-based evaluation: USCIS assesses your accomplishments rather than fitting a job header.
- Renewable indefinitely: Approved initial O-1 status is for up to 3 years, with one-year extensions possible indefinitely.
- Green card pathway: Many O-1 holders transition to EB-1A (Extraordinary Ability) without needing labor certification.
How to Position Yourself as a Strong O-1 Candidate
Start Building Evidence Early
Don’t wait until you need the visa. Begin accumulating press coverage, interviews, awards, and documentation of your influence now.
Avoid Reliance on H-1B-style Job Descriptions
Focus your work on roles where you exercise creative control or independent impact, rather than purely employer-driven tasks.
Take on High-Visibility Projects
Participate in film festivals, competitions, juries, panels, or conferences that give your work public exposure and recognition.
Maintain Detailed Records & Metrics
Track measurable indicators: streaming views, box office numbers, audience reach, downloads, reviews, press citations.
Secure Strong Recommendation Letters
Letters from respected figures who can credibly vouch for your influence and contributions.
Plan for Consistency
Renewals are stronger when your achievements continue or improve over time. Demonstrating sustained excellence helps your case later, especially for EB-1A.
Occupations Well-Suited for O-1 Under Current Policies
The O-1 is applicable in two main categories:
- O-1A (Science, Business, Education, or Athletics)
- O-1B (Arts, Motion Picture, and Television)
Here are examples of roles that often succeed under O-1:
- Arts & Entertainment: directors, producers, cinematographers, editors, choreographers, musicians, costume or makeup designers, stylists, performers
- Technology & Innovation: AI/ML engineers, creative technologists, startup founders, product leads
- Design & Architecture: fashion designers, industrial designers, architectural innovators
- Business & Branding: entrepreneurs, marketing strategists, brand creatives
- Academia & Science: published researchers, professors, scholars, inventors
Final Thoughts
Given the sweeping changes to the H-1B regime—including the unprecedented $100,000 fee—many professionals and employers are rethinking their visa strategies. The O-1 visa stands out as a powerful alternative that rewards actual achievement, not chance.
If you possess or are building a documented track record of excellence in your field, the O-1 may be a more sustainable and strategic route.
Need to Know More?
If you’re ready to explore whether O-1 (or eventual EB-1A) is right for you, let’s talk through your background and build a tailored roadmap. Please contact Jordana Schwartz-Matricardi at jordana@matricardilaw.com.
By: Jordana Schwartz-Matricardi
