L-1 & O-1: Alternatives to H-1B Visas

A decision by US President Donald Trump has dealt a blow to H-1B visa applicants, as a fee of $100,000 will be imposed on new applications starting September 21st. This fee applies only to those coming from outside the US. Indian professionals now have options like L-1, O-1, EB-5, and OPT. The cost and eligibility for these visas vary, as detailed below.

A major decision by US President Donald Trump has shocked professionals worldwide. Effective September 21st, a hefty fee of $100,000 (approximately Rs. 88 lakh) has been imposed on new H-1B visa applications.

This fee applies only to applicants from outside the US, while existing visa holders and those seeking renewal or extension are exempt. H-1B visas are employer-sponsored visas for specialty occupations. They are valid for 3 to 6 years.

Indian professionals constitute over 70% of H-1B visa holders. Due to these increased costs, they are now seeking alternative ways to enter the US job market. These include options such as the L-1 visa (company internal transfer), the O-1 visa (exceptional talent), the EB-5 visa (investor), and the OPT (optional practical training). Let's understand the costs and eligibility for these visas in detail.

L-1 Visa: Internal Transfer Within a Company

The L-1 visa is for employees transferring from a multinational company's overseas office to the US office. There are two types: L-1A (manager/executive) and L-1B (employees with specialized knowledge).

The cost includes a USCIS filing fee of $1,055 (approximately ₹92,000), $2,805 (approximately ₹2.5 lakh) for optional premium processing, and legal fees ranging from ₹4.4 lakh to ₹2.2 lakh. To be eligible, applicants must have worked for the company abroad for at least one year in the last three years, and the company must have offices in the US and abroad.

O-1 Visa: A Visa for Exceptional Talent
The O-1 visa is for individuals who have achieved extraordinary achievements in science, the arts, education, business, or sports. National or international recognition and meeting at least three of eight criteria, such as awards, publications, or significant contributions to the field, are required.

The cost includes a USCIS fee of $1,055 (approximately ₹92,000), premium processing fees of $2,805 (approximately ₹2.5 lakh), legal fees of ₹4.8 lakh to ₹7 lakh, and a Visa Integrity Fee of $250 (approximately ₹22,000), effective in 2025. Extensive documentation is required.

EB-5 Visa: Visa for Permanent Residence Through Investment
The EB-5 visa is for investors seeking permanent residence by making a large investment in the United States. A minimum investment of $800,000 (approximately ₹7.04 lakh) in a Targeted Employment Area (TEA) or $1,050,000 (approximately ₹9.2 lakh) in a non-TEA project is required. At least 10 full-time jobs must be created or preserved.

Costs include administrative fees (10% of the investment, approximately ₹7 lakh), legal fees (₹2.2 lakh to ₹3.08 lakh), and USCIS fees ($12,160 or approximately ₹10.6 lakh for an I-829 and $9,525 or approximately ₹8.3 lakh for an I-829). The investment must be risky, with a potential for loss.

Practical Training for Students
Optional Practical Training (OPT) is for F-1 student visa holders who wish to gain experience in a job related to their field of study after completing their studies. At least one academic year must be completed, and the employment must be related to the student's major field of study.

OPT costs include an application fee of $520 (approximately ₹45,500) and optional legal assistance fees. It is valid for 12 months, with an additional 24-month extension available for STEM graduates.