The US is turning away thousands of talented foreign workers — it doesn’t have to be this way 

The H-1B cap has been an unprecedented drain on U.S. resources and a bane to American national interests.

Last month, many high-achieving graduates of top American universities once again anxiously awaited the results of a competitive application. Yet the outcome of the annual H-1B visa lottery was entirely out of their hands. Now many of these highly qualified young people are packing their bags and preparing to depart the United States. 

Each year, the U.S. government leaves the decision of who receives the popular work visa for specialty occupations up to chance. Last year, approval rates for the H-1B were lower than for Harvard Business School. America's immigration is broken, and it doesn't look like it is getting fixed anytime soon.  

The H-1B cap has been an unprecedented drain on U.S. resources and a bane to American national interests. Half of the U.S. Fortune 500 companies were built by first- or second-generation immigrants. Eighty-three percent of computer science Ph.D.s in the U.S. — the kinds of people the country desperately needs to keep its innovative edge — were born abroad. 

America’s flawed immigration system has real consequences. Over the past years, Canada has successfully “scooped” a number of international graduates left behind by the H-1B lottery. 

Between 2016 and 2019, the number of Indian students attending master's programs in STEM fell by 38 percent in the U.S. During the same time period, the rate of Indian graduate students in Canada rose by a whopping 182 percent.  

Americans overwhelmingly want to fix their broken immigration system: If polled, 73 percent say there should be a visa that allows STEM graduates to work in the country. Even 60 percent of Republican voters are in favor of increasing skilled immigration. Still, policy change continues to be elusive.  

The good news is that there may be an alternative.  

The O-1A visa, colloquially known as the “Einstein visa,” has long been shrouded in mystique. In truth, however, approval rates for the O-1 have consistently exceeded 90 percent over the past five years. Of course, the visa is highly competitive: with a list of eight criteria that includes internationally recognized awards and original scholarly contributions, the O-1 visa likely attracts applicants that are already highly accomplished. But for many of the extraordinary international workers in the country, the O-1A visa may be within reach.  

The O-1 is attractive for a number of reasons. Unlike other visas, it has no cap on the number of visas issued per year and country. Without many of the constraints of the H-1B — such as the prevailing wage requirement — the O-1 visa can be a particularly attractive option for international workers with entrepreneurial ambitions. 

Under President Biden’s leadership, United States Customs and Immigration Services (USCIS) has actively encouraged qualified individuals to apply. In January 2022, the White House announced new USCIS policy guidance, clarifying what evidence satisfies the eligibility criteria for the O-1. Since then, approvals of O-1 petitions in STEM fields have increased by over 30 percent.  

But the potential is much greater still. There are over 50,000 new foreign-born STEM Ph.D.s and post-doctorates in the U.S. annually, 50 percent of whom work outside of academia. And importantly, the O-1A is not just an avenue for U.S. university graduates to stay in the country — it is also a way for the world’s best and brightest to come work in this country.  

Universities, companies and immigration lawyers all have a role to play in raising awareness of the O-1 and supporting potential applicants. On the corporate side, HR teams and hiring managers should proactively educate themselves on the range of visa options and encourage eligible international hires to consider the O-1. Universities have an obligation to set their foreign-born students up for post-graduation success, including by offering practical advice on pursuing visas like the O-1. Meanwhile, the legal community must cultivate more O-1 expertise to adequately support applicants. 

For now, the H-1B lottery remains a stressful gamble for America's top international graduates. But with wider adoption, the O-1 could open up new possibilities for talented immigrants to pursue the American dream. 

Johannes Lang is a researcher for the Talent Mobility Fund and a John F. Kennedy Scholar at the Harvard Kennedy School. 

Julia Garayo Willemyns is head of operations at the Talent Mobility Fund and the founding co-director of UK Day One.