HR Guide: O-1 vs H-1B — Fast Screen for Hard-to-Hire Roles

For HR managers. This is a quick way to decide when to pursue O-1 (extraordinary ability) instead of H-1B (specialty occupation). Make a call in minutes, then loop in counsel to confirm.

O-1 vs H-1B for HR: the 60-second answer and quick screen

• Pick O-1 when the candidate has public proof they’re among the top ~10–15% in their field (press, prizes, patents, invited talks, leadership on notable projects) and you need year-round filing with no lottery.
• Pick H-1B when the role clearly needs a relevant degree, the job is a standard specialty occupation, and the candidate’s record is strong but not “recognition-level.”

Use this O-1 vs H-1B HR screen to choose a direction fast; keep the other path warm if timing matters.

The fast screen (8 yes/no questions)

When deciding O-1 vs H-1B as an HR, if you get 4+ “yes” with evidence you can obtain quickly, explore O-1. Otherwise, lead with H-1B (or prep both if timelines are tight).

1. Press or public recognition? Articles, profiles, invited talks, and major open-source.
2. Awards/prizes? Industry/academic awards (not participation or “pay-to-win”).
3. Selective leadership roles? Lead at a notable company, lab, or OSS project.
4. Patents/publications/impact? Filed/issued patents, peer-reviewed papers, and widely used work.
5. Judging others’ work? Reviewer, program committee, adjudicator, selective mentor.
6. High compensation vs market? Base/equity clearly above peers for role/location.
7. Achievement-based memberships? Invite-only orgs that vet on merit (not pay-to-join).
8. Critical contributions with proof? Launches, scale, revenue, security, or user metrics tied to the candidate.

What you get with each path

O-1

• No cap/lottery; file anytime. Great for off-cycle hires.
• Degree flexibility. It’s about achievement, not a specific diploma.
• Agent petitions possible for multi-employer setups.
• Often maps to EB-1A/EB-1B strategies.

H-1B

• Portability: if your petition is timely and nonfrivolous, many candidates can start on the receipt (confirm I-9 details).
• Clear “specialty occupation” story when the degree-to-job match is obvious.
• Familiar path to PERM → EB-2/EB-3.

Evidence you’ll actually need

EvidenceO-1H-1BDegree aligned to jobHelpful, not requiredUsually requiredPress / awards / judgingCoreRarely neededDetailed expert lettersCore (5–6 strong letters)Supportive onlyAdvisory opinion / itineraryOften requiredNot usedPrevailing wage & LCANot usedRequired

HR intake: one email that gets you 90% there

Send this when O-1 is on the table:

“To check O-1 fit, please share: (1) links to press/profiles/talks; (2) awards or prizes; (3) patents/publications or notable open-source; (4) any judging/committee roles; (5) comp that shows you’re above market; (6) 5–6 names for recommendation letters. If this is light, we’ll proceed with H-1B.”

Two common scenarios (and what to do)

1) High-signal profile (likely O-1).

You see press, awards, patents, or keynote-level invites.

• Action: Start O-1 evidence collection now. If the start date is tight, prepare an H-1B change-of-employer in parallel so the manager has a dependable start option.

2) Great candidate, little public recognition (H-1B).

Strong resume and degree match, minimal public proof.

• Action: Lead with H-1B. Keep an O-1 worksheet open in case new evidence lands (major talk, publication, award).

Traps to avoid (save yourself weeks)

• Pay-to-publish or pay-to-join “awards.” These hurt O-1 credibility.
• Generic letters. O-1 letters must be specific (impact, metrics, why the person matters).
• Degree mismatch (H-1B). If the degree doesn’t match the role, your specialty-occupation story weakens—O-1 might be better if achievements are strong.
• Worksite/client changes. For H-1B, location/client shifts can require an amendment—coordinate early.

Manager scripts (short and calm)

If leaning O-1:

“We see strong public signals for O-1. HR will collect evidence this week and confirm timing with counsel. If we need a firm start date, we’ll keep an H-1B transfer ready as a backup.”

If leaning H-1B:

“This role is a clear H-1B fit. We’ll file now and set a start tied to the USCIS receipt. If public recognition grows, we can revisit O-1 later.”

FAQ (HR version)

• Does O-1 require a degree? No—achievement is the focus.
• Can we prepare both? Yes. Prep both and file the one that best fits timing and evidence.
• Who signs O-1? Your company or an agent (for multi-employer setups).
• Is O-1 only for the famous? No—engineers, designers, researchers, PMs, founders qualify when evidence is strong.

Need help screening candidates?

WayLit screens candidates and brings back data and any red flags to help you make the right decisions. Reach out to us at support@waylit.com

Disclaimer: Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.