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The O-1 visa is widely considered as one of the most flexible work visa categories in the U.S. immigration system. When compared to the H-1B visa, its advantages are especially striking, particularly for entrepreneurs, freelancers, and professionals working in non-traditional or project-based fields.

Unlike the H-1B, the O-1 visa has no minimum salary requirement. H-1B employers must comply with strict wage levels based on job category and experience, and every H-1B petition must be certified by the Department of Labor through a Labor Condition Application (LCA). This process is designed to ensure that foreign workers are paid at least the prevailing wage, comparable to similarly situated U.S. workers. Employers must also submit evidence proving their ability to pay that wage. This is why, even after the new self-sponsorship pathway for H-1B was introduced, many founders who entered the lottery and were selected soon realized that winning the lottery was only the first hurdle. Building a compliant petition that meets all wage and documentation requirements has proven to be a much more complex undertaking.

By contrast, the O-1 visa does not impose a prevailing wage obligation and offers significantly more flexibility in employment structure. O-1 holders may work on either a full-time or part-time basis, and with proper petition structuring and appropriate arrangement with each employer, they are permitted to work for multiple employers simultaneously. Adding or changing work engagements is often straightforward and, in many cases, can be done without filing a new petition with USCIS.

This design is intentional. The O-1 category was originally created to accommodate individuals in non-traditional careers, particularly in the arts, entertainment, and creative industries, fields where short-term gigs, fluctuating income, and portfolio-based work are the norm. As a result, the O-1 does not require a traditional employment contract and can be petitioned by an agent rather than a traditional employer.

This flexibility is reflected in the statutory language governing the permitted activities for O-1 visa holders. According to federal regulation, the O-1 visa is granted to individuals entering the U.S. to participate in what is broadly defined as an “event.” This is not limited to a single concert, exhibition, or business meeting. Under 8 CFR 214.2(o)(1)(i), a qualified applicant may be authorized to perform services in relation to one or more events, if petitioned by an employer or agent. “Event” includes but is not limited to scientific projects, conferences, conventions, lecture series, tours, exhibitions, business ventures, academic terms, and professional engagements. This broad definition gives O-1 visa holders enormous flexibility in structuring their time in the United States.