Bengaluru IBM Engineer Secures O-1 Visa After Three H-1B Rejections

(BENGALURU, CALIFORNIA) A Bengaluru native working at IBM in California has secured an O-1 visa, often called the Einstein visa, after three rounds of H-1B rejection. Tanush Sharanarthi’s 2025 approval comes after repeated misses in the H-1B lottery during his OPT period, and it highlights a growing shift among skilled workers who are tired of leaving their futures to chance. His case turns a spotlight on a visa category that rewards documented achievement rather than luck.

Sharanarthi, an AI professional, built a portfolio that matched the O-1’s strict standards. He submitted evidence of peer-reviewed publications, service as a judge at hackathons, paper reviews, and meaningful contributions in his field. These records met several of the O-1 evidentiary criteria, which focus on proof of extraordinary ability and sustained acclaim in science, technology, business, education, or the arts. He then worked with a U.S. employer to file a petition, a requirement under this category.

Why some skilled workers are shifting away from H-1B

The H-1B program is limited to 85,000 new visas per year and uses a random selection process because applications far exceed supply. That means even strong resumes do not guarantee selection.

By contrast, the O-1 has no annual cap and no lottery. It demands proof of excellence, but it puts control back in the hands of the applicant and the employer. According to analysis by VisaVerge.com, more candidates with research and innovation records are now exploring the O-1 first, rather than treating it as a last resort after an H-1B rejection.

The O-1 rewards documented achievement rather than luck — a key appeal for candidates frustrated by repeated lottery outcomes.

Three lessons from Sharanarthi’s path

Sharanarthi’s journey underscores three practical lessons for high-skill workers in the United States:
1. Merit alone doesn’t secure an H-1B because of the random draw.
2. The Einstein visa can serve as a powerful Plan A when applicants have evidence that fits the rulebook.
3. Preparation matters — building awards, publications, public talks, judging roles, media mentions, and letters from recognized experts takes time.

Applicants who start early and keep good records have a stronger shot when they pivot to the O-1.

What qualifies for an O-1: common evidence for tech workers

USCIS lists several ways to show extraordinary ability. Applicants can qualify by a one-time major award or by meeting at least three standard criteria. For tech workers, common evidence includes:

• Published material about the applicant’s work
• Participation as a judge of others’ work (e.g., hackathons or peer review)
• Original contributions of major significance to the field
• Authorship of scholarly articles
• Employment in a critical role for a distinguished organization
• High salary compared to peers
• Memberships that require outstanding achievement
• Awards at the national or international level

The employer (or a qualified agent) must file the core petition using Form I-129 Petition for a Nonimmigrant Worker. Many applicants also pursue faster results with premium processing, which offers a 15-day decision window for an extra fee through Form I-907 Request for Premium Processing Service.

Dependents can join in O-3 status, and families often use Form I-539 Application to Extend/Change Nonimmigrant Status for those cases. The official USCIS O-1 overview explains the category, criteria, and examples in plain terms: see the USCIS O-1 resource.

Policy context and emerging patterns

While there’s been no major rule change to the O-1 as of September 2025, immigration lawyers report a steady rise in interest from candidates burned by repeated H-1B rejection cycles. The O-1 is not easier—the bar for evidence is high—but it is more predictable. A strong record can be documented and tested against written criteria. A lottery can’t.

Sharanarthi’s case shows how applicants can take control:
– He gathered objective proof of impact in AI, including conference papers and reviews.
– He showed peer recognition by judging hackathons and assessing others’ research.
– He built third-party validation through media mentions and expert letters.
– He tied these records to his current role at a respected employer, demonstrating ongoing work at a high level.

For employers, the O-1 can be a targeted answer to talent needs, especially for roles that demand top-tier expertise. There is no cap-season rush and no wait for lottery results, which reduces planning risk in product teams and research labs.

For workers, the category can offer up to three years at a time, with unlimited one-year extensions for ongoing projects or events. Many O-1 holders later shift to permanent residence through employment-based categories such as EB-1A (extraordinary ability) or, in some cases, the NIW (National Interest Waiver) when facts support those paths.

Who the O-1 fits — and who it doesn’t

The O-1 won’t fit everyone. A recent graduate with limited public work may find it hard to check enough boxes quickly. In such cases, lawyers often recommend a build-first strategy:

• Submit papers to respected venues
• Speak at conferences
• Judge competitions
• Lead open-source efforts
• Collect coverage from independent publications

Each step can move a profile closer to the O-1 threshold.

Sharanarthi’s story also shows the emotional weight of immigration choices. After three H-1B rejection notices, many workers feel stuck. The O-1 route can restore momentum, but it demands careful planning and a clear record. That trade-off — certainty through evidence rather than luck — appeals to candidates who prefer control over chance.

Practical notes for prospective applicants

• Self-sponsorship isn’t allowed for O-1. An employer or agent must file Form I-129.
• Gather time for letters from independent experts. Letters with concrete examples, citations, and real-world use carry more weight than general praise.
• Consider premium processing (Form I-907) if timing is critical.

VisaVerge.com reports that tech professionals with AI, cybersecurity, data science, and biotech backgrounds are well-placed to pursue the O-1, especially when their work has public proof points. This includes patent filings, top-tier publications, visible open-source leadership, or major product launches with clear user impact.

Bottom line

The policy backdrop remains steady for now: no near-term expansion of H-1B numbers and the lottery format continues. That keeps demand for alternatives high.

By choosing the O-1, Sharanarthi avoided another cycle of waiting and instead presented a case built on demonstrated excellence. For skilled workers who can show similar records, his path offers a clear, actionable plan.