Frequently Asked Questions of O1 Visa and Requirements

Getting an O-1 visa is an ideal way for startup founders, researchers, engineers, and artists to reach the largest and most coveted economy in the world. If you possess extraordinary abilities, outstanding credentials, and a proven track record, you can enter the US on this merit and do something great. Alina Kats uses her expertise in immigration law to ensure you meet the requirements of the O-1 visa, prepare the petition, and present a strong case. She can navigate even the most complex situations, which significantly enhances your chances of success in obtaining an O-1 visa.

The O-1 visa is for people who have demonstrated exceptional capabilities in specific fields, which allows them to engage in work that aligns with their talents and expertise. It is granted to people who are highly skilled or accomplished in their field of study and want to temporarily work in the United States.

The O-1 visa provides a legal means for extraordinary professionals to offer their skills to U.S.-based employers while allowing them to live and work in the U.S. for an extended period. The employer and the employee benefit from the opportunity to work together and attain greater good.

Read on to learn more about the O-1 visa and its requirements, its benefits, how to prove your expertise in eligibility evaluation, gather support, and file the petition for desired outcomes.

What is the O-1 Visa?

The O-1 visa is a non-immigrant visa for foreign nationals who have “extraordinary abilities” in the fields of science, arts, education, business, or athletics or have demonstrated a record of extraordinary achievements in the motion picture or television industry to work in the US.

You need national or international recognition of these achievements, a valid passport, and several other key documents to proceed with the application. Unlike other visas, the O-1 visa does not have a lottery or a cap on the number of visas issued per year.

What Does Extraordinary Ability Mean?

It means a level of expertise that indicates an individual belongs to that small percentage of people who have risen to the very top of the field of endeavor.

What Are the Different Types of O-1 Visas?

There are two types of O-1 visas, O-1A and O-1B. Both are non-immigrant visas that allow visa holders to perform temporary services for a U.S. employer or an agent of an international employer.

• O-1A – It is for individuals with extraordinary abilities in the sciences, education, business, or athletics.
• O-1B – It is for individuals with extraordinary abilities in the arts or achievements in the motion picture or television industry.

There Are Also O-2 and O-3 Visas:

• O-2 – It is for individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance.
• O-3 – It is for the spouse or children of O-1 and O-2 visa holders.

Who Can File the O-1 Petition?

Only an employer can file an O-1 petition. There is no self-petition option for the O-1 classification. While self-employment is possible, it is available by using an agent petitioner or a beneficiary-owned entity as a petitioner.
Who qualifies as an alien of extraordinary ability as a scientist, educator, business individual, and athlete?
The foreign national must have sustained national or international credit and their achievements should be recognized through extensive documentation. In addition, the foreign worker should come to the US to work in their field of expertise.

What Are O-1 Visa Requirements?

O-1 visa requirements include:

• Extraordinary ability – Applicants must show impressive skills and knowledge in their field through sustained national or international acclaim.
• Documentation – Major awards, press coverage, notable accomplishments, published articles, and letters from recognized experts in the field.
• Employment or agent sponsorship – A US employer or an agent must file a petition on behalf of an application for securing the visa.
• Temporary employment – This visa is granted for a temporary period, usually up to three years and can be extended in one-year increments.
• Advisory opinion – A letter from a relevant peer group, labor organization, or professional association may be needed. The letter confirms the worker’s skills are recognized and valued within the field.

The more comprehensive and detailed the evidence you can provide, the stronger your O-1 visa application will be. If you are unsure about any part of the process, it may be helpful to consult with an immigration attorney who can guide you through the complexities of the application.

What Benefits Does an O-1 Visa Offer to Employees and Employers?

The O-1 visa offers several benefits to both employees or foreign nationals and employers, U.S.-based companies, or organizations sponsoring the visa holder. Here is a breakdown of the advantages for both sides:

Benefits to employees include:

• Opportunity to work in the US
• Ability to pursue a career in the US
• A chance to apply for a green card while they hold the O-1 visa
• Opportunity to bring their spouse and children under 21 with them
• Multiple entries and flexibilities
• Chances of extensions
• No annual cap or lottery system

Benefits for employers include:

• Access to the best talent from around the world
• Better performance and organizational growth
• Enhanced brand image
• A chance to attract prestigious clients with a team of extraordinary talented workers
• Faster approval process with premium processing

What Are the Key Documents Needed for an O-1 Visa Petition?

To apply for an O visa, you will need several documents, including:

• Form I-129 – This is the petition for a non-immigrant worker or the main form that must be submitted by the US employer or agent.
• Evidence of extraordinary ability – It includes awards, media coverage, membership in renowned organizations and letters from experts in their field.
• Contract or job offer – A letter or contract that explains in detail the specific terms of employment.
• Advisory Opinion – A consultation letter from a relevant industry group or professional organization.
• Passport and visa application – A valid passport and a visa application, if applying from outside the US.
• Proof of Support for Family Members (O-3 visa) – If dependents are accompanying the O visa applicant, marriage and birth certificates will be needed.

An immigrant attorney can help you gather all the documentation and prepare an application to seek O-1 visa approval.

Related:

• Tips for Choosing a Good Immigration Lawyer
• How to Select an Immigration Lawyer for Your H-1B Visa Application

How Much Time Does It Take to Process an O-1 Visa?

The processing time for an O-1 visa varies depending on several factors, such as where you are applying from, the documentation and information required, and the service center handling the case.

It takes about 2 to 3 months for the U.S. Citizenship and Immigration Services (USCIS) to process the I-129 petition, which an employer or agent files on the foreign worker’s behalf. After the application is approved, the applicant will need to schedule an interview at the U.S. embassy or consulate. The time to schedule and attend the interview can vary, depending on the consulate’s workload and availability, typically taking 1 to 2 months after the petition is approved. The time from petition filing to receiving the visa can take from 3 to 5 months or longer.

What Is Premium Processing?

It is a service offered by USCIS that can help process the O-1 visa faster. Premium processing guarantees visa within 15 calendar days for an additional fee of $2,500, reducing the processing time for the I-129 petition significantly.

How Long Can an O-1 Visa Holder Stay In the US?

The period of stay for the O-1 non-immigrant visa is relative to the time it takes to provide for the event or activity for which the foreign worker has been granted the visa. It can be up to 3 years. It can be extended in one-year increments or until the project is completed.

Can a Foreign Worker Do Other Work Than the Identified Event?

No. An individual granted an O-1 status can only work in connection with the specified events. In case of any change, a petition must be filed to add events not specified in the petition. The only exception to this rule is for artists or entertainers who undertake additional performances or engagements that require an alien of O-1 caliber. In such a case, an amended petition is not needed.

What Happens if There Are Any Changes to the Terms of the O-1 Employment?

If there are any changes to the terms of employment, the petitioner or employer should file an amendment. Examples include changes in worksite location, changing from full to part-time and substantial changes to job duties.

What Happens if the O-1 Employment Comes to an Early End?

If the O-1 employment is cut short, either due to layoff or resignation, the beneficiary should have a grace period of up to 60 days or until the end date of their I-94, whichever is shorter. During this time, the beneficiary cannot work and should prepare to leave the US unless they plan to change their status.
The petitioner should report to the USCIS about early termination of the employment. If the employment is terminated for reasons other than voluntary resignation, the petitioner will bear the reasonable cost of the beneficiary’s journey back to where they came from.

Securing an O-1 visa is not easy, but it is a feasible process for highly talented people who have achieved excellence in their field of work. Even though an O-1 visa has more flexible requirements compared to other visa categories, it still involves a highly detailed and competitive application process. Call Kats Immigration Law and schedule an appointment with an immigration attorney for expert legal advice. Alina Kats answers your questions and helps to prepare a well-documented case complying with the US immigration laws to strengthen your chances of approval.

An experienced immigration attorney can make a significant difference in the success of your application!