The H1B really should have just been an O-1 from the beginning. Being a software or genetics engineer isn't really that interesting, we literally have millions of software engineers, and more genetics engineers than we have good jobs. If someone is truly exceptional than they deserve an O-1, and if you truly can't find any engineers in the US at your salary then maybe you should move overseas.
Might be, but that's how you end up in a situation where all the technical skill is outside the US and the products inside are a marketing layer over technical efforts.
Similar to what ended up happening with china and manufacturing.
O-1 is a subjective visa which means the process is heavily gamed. Pay conferences to host your papers, pay newspapers to write meaningless articles about you, get a famous personality to sign off on your recommendation letter (I know startups used their board of advisors only for this) and on and on. It’s mostly a joke at this point. O-1 can be scrapped and you wouldn’t lose anything
It's not just this specific issue, honestly. Throwing wrench on all economies, that my wife and I bet on is what's horrible.
Research fund cuts on premium institutes, the wonky arrests etc.
Even yesterday, I had to make a case for why all of this certainty might be worth it. And it was not easy.
At this point though, I certainly agree that the US is not in a trajectory for appreciating external contributions.
And the requirements for O-1 aren't even that difficult. I know people who are frankly not exceptional (not mediocre either, though, of course), but have worked with lawyers to systematically fulfill the requirements of the O-1 visa. It does take time to do, and I assume the legal assistance isn't cheap, but I think a lot of people on H-1Bs who don't even consider it, could do it.
O-1 requires yearly assessment of the exceptional status though. You can hardly plan your life around a visa that is quite subjective in itself and may depend on the mood of the USCIS officer reviewing your case on that particular day.
