WASHINGTON – Senate Judiciary Committee Chairman Chuck Grassley wrote to Homeland Security Secretary John Kelly raising concerns about the O visa program, which is intended for use by those who have extraordinary abilities or a demonstrated record of extraordinary achievement. Unlike most other visa categories, the O visa program has no numeric cap.
Recent reports suggest that potential H-1B applicants are being advised to apply for an O visa instead of the numerically capped H-1B visas intended for high skilled workers. The number of O visas issued has tripled in the last decade. The rise in numbers alongside these reports raise concerns about the future integrity of both visa programs.
“Visas intended for exceptional individuals are not a substitute for H-1B visas. Any attempt to flout the extraordinary requirements of the O visa program because an applicant can’t acquire an H-1B potentially constitutes visa fraud and ultimately damages both visa programs,” Grassley said. “I am raising my concerns to Secretary Kelly so that he can prevent potential abuse and ensure that the integrity of both the O visa and the H-1B remain intact.”
In his letter, Grassley outlines his concerns and requests statistics on O visa petitions and details on how they are granted and extended.
Full text of the letter
