Compare US routes
O-1A, H-1B or EB-1A.Pick by situation, not by habit.
Most Indian professionals default to the H-1B because their employer does. Founders and senior operators often have a faster route that does not depend on a lottery.
| O-1A | H-1B | EB-1A | |
|---|---|---|---|
| What it is | Temporary work visa for extraordinary ability | Temporary work visa for specialty occupations | Green card for extraordinary ability |
| Lottery or cap | None | Annual cap with a registration lottery | No lottery, but Indian-born applicants face a visa number backlog |
| Who files | A US employer or US agent, which can be your own company | A US employer | You can file for yourself |
| Evidence bar | 3 of 8 criteria, then a review of the whole record | A degree-level job and a qualifying degree | 3 of 10 criteria plus a stricter final review |
| USCIS decision with premium processing | 15 business days | 15 business days, after winning the lottery | 15 business days for the I-140; the green card itself waits on the backlog |
| Initial stay | Up to 3 years, extendable in 1-year steps | Up to 3 years, usually capped at 6 | Permanent |
| Planning a green card later | Allowed; it does not count against you | Allowed (dual intent) | This is the green card |
| Spouse | O-3: can live and study, cannot work | H-4: work only in limited cases | Green card, can work |
| Works best for | Founders and senior operators with a record they can document | Employees with an employer willing to sponsor and wait | People with an exceptional record who plan to stay |
What it is
- O-1A
- Temporary work visa for extraordinary ability
- H-1B
- Temporary work visa for specialty occupations
- EB-1A
- Green card for extraordinary ability
Lottery or cap
- O-1A
- None
- H-1B
- Annual cap with a registration lottery
- EB-1A
- No lottery, but Indian-born applicants face a visa number backlog
Who files
- O-1A
- A US employer or US agent, which can be your own company
- H-1B
- A US employer
- EB-1A
- You can file for yourself
Evidence bar
- O-1A
- 3 of 8 criteria, then a review of the whole record
- H-1B
- A degree-level job and a qualifying degree
- EB-1A
- 3 of 10 criteria plus a stricter final review
USCIS decision with premium processing
- O-1A
- 15 business days
- H-1B
- 15 business days, after winning the lottery
- EB-1A
- 15 business days for the I-140; the green card itself waits on the backlog
Initial stay
- O-1A
- Up to 3 years, extendable in 1-year steps
- H-1B
- Up to 3 years, usually capped at 6
- EB-1A
- Permanent
Planning a green card later
- O-1A
- Allowed; it does not count against you
- H-1B
- Allowed (dual intent)
- EB-1A
- This is the green card
Spouse
- O-1A
- O-3: can live and study, cannot work
- H-1B
- H-4: work only in limited cases
- EB-1A
- Green card, can work
Works best for
- O-1A
- Founders and senior operators with a record they can document
- H-1B
- Employees with an employer willing to sponsor and wait
- EB-1A
- People with an exceptional record who plan to stay
Rules summarised as of October 2026. Immigration policy changes often; confirm the specifics for your case.
Not sure which one fits?
If the O-1A is the wrong route for you, we will say so on the first call.
Anay TripathiFounder. Your profile goes straight to his desk.
For most founders the O-1A is the better fit. There is no lottery, your own US company can be the petitioner, and you control the timeline. The H-1B suits employees whose employer will sponsor them and who can wait for the lottery.
SaathiVisa is a visa consultancy, not a law firm. O-1 petitions are prepared and filed by our partner licensed US immigration attorneys. Past results do not guarantee future outcomes. Approval figures cover O-1A petitions filed through SaathiVisa since 2023.
Start with a conversation
Send Anay your LinkedIn. He reads every one.
You will get a straight answer on whether to file now, build first, or look at a different visa. Within one working day.
Anay TripathiFounder. Your profile goes straight to his desk.
Prefer to talk now? WhatsApp +91 91488 79226