'Fraud': Indians bypass H-1B using O-1A visa route, claim MAGA supporters

Debate intensifies as O-1A visa is flagged as an alternative pathway to H-1B amid stricter US immigration rules

Amid a widening anti-Indian backlash in the United States, a fresh allegation has entered the debate around work visas. Supporters of the Make America Great Again (MAGA), who had earlier raised concerns around the H-1B programme, are now claiming that some applicants are turning to the O-1A visa as an alternative route to enter the US.

 

A report by the US-based Dallas Express appears to have intensified the discussion. The outlet reported that consultancies have been positioning the O-1A visa as a substitute for the H-1B route for Indian professionals. It cited the example of Jinee Green Card, which shared an Instagram advertisement promoting what it described as a “Three-Pillar Visa Acquisition” system, presenting the O-1A visa as a way to avoid “the uncertainty of the H-1B lottery”.

   

The report has since fed into online discussions, particularly on X, where several users have made strong allegations.

 

“THIS IS FRAUD! An entire industry has formed around selling the O-1A ‘extraordinary ability’ visa as a backdoor. This is labour arbitrage. This is fraud,” wrote one user.

 

“There needs to be a declaration of War against Invaders. Instead, they distract and attack some useless Iran again sacrificing more White American lives,” said another.

 

“They aren’t here for exceptional skill. They are cheap replacement labour. A spike in O-1A approvals would be a gross violation of the intent of the visa. Typical of a scammer culture,” another post read.

 

What is the O-1A visa?

 

The O-1A visa is a temporary non-immigrant category meant for individuals with “extraordinary ability” or achievement. It is divided into two primary subcategories:

 

• O-1A for extraordinary ability in sciences, education, business or athletics

• O-1B for extraordinary ability in the arts or extraordinary achievement in motion picture and television

 

There are additional related categories:

 

• O-2 for individuals accompanying an O-1 artist or athlete for a specific event or performance

• O-3 for spouses and children of O-1 and O-2 visa holders

 

The eligibility threshold for the O-1A visa remains higher than that of the H-1B. Applicants are required to demonstrate sustained national or international recognition and meet at least three evidentiary criteria, such as major awards, published work or notable contributions to their field. Alternatively, they may show evidence of receiving a major internationally recognised award such as the Nobel Prize.

 

The visa allows employment through a US-based petitioner and is initially granted for up to three years, with extensions available. Spouses and children under 21 can accompany the primary applicant. While dependants are not permitted to work, they can pursue studies in the US.

 

Rising scrutiny and online backlash

 

Calls to restrict visa pathways have also grown louder online.

 

“ALL visas need to be ended. All of them. Send them all back. Every. Single. One,” wrote one user on X.

 

Anti-Indian rhetoric in the US has been building since early 2026. Between 2023 and 2025, online hate targeting Indians and South Asians more than doubled, with conversations increasingly shifting from policy concerns to racial narratives.

 

The backlash comes amid tighter immigration measures under Donald Trump. Since early 2025, the administration has introduced a $100,000 fee for new H-1B petitioners and revised the lottery system to favour higher wages. The US Department of Labor has also proposed raising required wages for H-1B workers by up to 33 per cent in several cases.

 

The number of Indian students arriving in the US dropped by 50 per cent in July and August 2025 compared to the same period in 2024. US border crossings by Indian immigrants also fell by 62 per cent, the lowest level in four years.

 

Why interest is rising

 

Frederick Ng, co-founder of Beyond Border, said the rise in O-1 issuances is closely linked to tighter conditions around the H-1B visa.

 

“O-1 visa issuances are at an all-time high amid growing uncertainty and fee hikes with the H-1B under the current Trump administration. This reflects a broad shift among US visa aspirants searching for a ‘safe-haven’ pathway,” he told Business Standard.

 

He said large IT firms were moving away from H-1B filings. “We’re also seeing a stark drop in H-1B filings from companies like TCS, Wipro and Cognizant, with many switching to extraordinary talent visas as an alternative pathway to move talent to the US,” he said.

 

Explaining the appeal of the category, Ng said the O-1 process operates differently from wage-linked work visas.

 

“O-1 applicants are not measured on their financial success or wage levels, but purely on merit. It has a 90 per cent plus approval rate across the board and comes with unlimited extensions, with approvals remaining consistent across administrations, including Trump’s first term,” he said.

 

He added that the visa is increasingly being seen as a “safe haven” for eligible applicants at a time of wider uncertainty in the US immigration system.