What is the O-1 Visa and How Do I Apply?
O-1 VISA
for Extraordinary Ability
O-1 VISA SUMMARY:
The O-1 visa is also known as the "Extraordinary Ability Visa." This Visa is designed for people with exceptional skills in science, education, business, athletics, and arts, including performing arts.
There are two types of O-1 VISA, O-1A and O-1B.
O-1A visa is for individuals who has extraordinary ability in the sciences, education, business, or athletics.
O-1B visa (artist visa) is for individuals who has demonstrated a record of extraordinary achievements in the arts or motion picture or television industry and has been recognized nationally or internationally for those achievements.
O-1 VISA ELIGIBILITY:
If you have won a major, internationally recognized award like Nobel Prize, Oscar’s, Emmy, Grammy, Director’s Guild Award, the Pulitzer Prize or their equivalents, you are immediately eligible for O-1.
The majority of O-1 applicants will not have such achievements under their belt. Fortunately, there are ways to get an O-1 VISA as long as you meet 3 of the following criteria:
You’ve received nationally or internationally recognized prizes or awards in your field
You are a member of a prestigious association in your field
There are major media coverage about your achievements in the field of endeavor
You have made original scientific, scholarly, or business-related contributions of major significance in your field
You have written and published scholarly articles in professional journals or major media in your field
You command a higher salary compared to your peers in the same field
You’ve served as a judge in a contest evaluating others’ work in your field
You are a critical employee of a prestigious organization in your field
If you still don’t meet 3 of these criteria, don’t despair. You may still be able to prove your O-1 qualification by submitting evidence establishing that you will have a positive impact on the economy, you’ve enjoyed commercial success in your field, or that your work has been displayed, exhibited, and showcased.
HOW TO APPLY:
In order to apply for the O-1 Visa, applicants typically work with a sponsoring employer or agent to file form I-129 and supporting evidence. It is worth emphasizing that working with a good immigration attorney to craft your supporting evidence is a critical component of O-1 Visa success. Your attorney will guide you through obtaining solid detailed recommendation letters from people at the top of your field. They will draft a convincing petition letter that highlights your past achievements and puts you in a good position to obtain the O-1 status.
Your attorney will then file the I-129 form and any supporting evidence to the USCIS. Premium processing is available for O-1 visa for an additional fee. Once your petition is approved, the O-1 worker may begin working in the US.
PROCESSING TIME:
Premium processing is available for expedited O-1 approvals within 2 weeks.
Normally, USCIS will take 3 to 6 months to adjudicate the petition.
O-1 ADVANTAGES:
No renewal limits. The O-1 visa is typically valid for the duration of the contracted work or performance, up to three years. Unlike the H-1b visa, there are no limits on the number of extensions that can be filed, making this an attractive option for workers who wish to eventually adjust their status to green card.
Multiple employers. You may work for multiple employers on an O-1 visa. However, your visa must reflect the contractual relationship between you and the employers.
ASK OUR IMMIGRATION ATTORNEY FOR HELP:
We have helped extraordinary entrepreneurs, designers, and musicians obtain the O-1 visa. Get in touch with us today by booking an appointment using the link below.