Introduction
The O-1 visa is a temporary work visa that was created for individuals known for their extraordinary ability in the sciences, arts, education, business, athletics, or motion picture.It is suitable for those who are looking to live and work in the United States but don’t have permanent residency status yet.The O-1 extraordinary ability visa requires a substantial amount of evidence for approval by the United States Citizenship & Immigration Services (USCIS). As a result, it is less frequently used since it has been designed specifically for the top individuals in their field.This article provides a complete guide regarding the O-1 visa, its eligibility, advantages, and how to apply for an O-1 visa.
Advantages of O-1 Visa
There are many reasons why O-1 is a highly sought-after visa for individuals. Some of the main benefits of an O-1 visa include:
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No minimum salary requirement: In comparison to the H-1B specialty occupation visa which requires a prevailing wage requirement, there are no O-1 salary requirements.
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More flexibility: The O-1 visa allows these individuals to come to the United States and work for a specific employer or engage in self-employment.
Additionally, the individuals can simultaneously work for multiple employers. This is especially relevant for fields such as entertainment as multiple opportunities can come at the same time.
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Unlimited extension of stay: These visas are initially granted for a maximum of three years. But, they can be extended one year at a time depending on the nature of the project the individual is involved in. If they have a long-term project, there is a higher chance of continuously securing employment in the U.S.
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You can bring dependents: Individuals with family members can also come together with them as long as the individual has their O-1 visa. Specifically, the spouse and any unmarried children under age 21 can come with the individual to the US under O-3 status.
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No degree requirement: If there are people who have extraordinary abilities but have failed to qualify for other visas because of a lack of educational qualifications, they can opt for an O-1 visa.
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No limit on the number of O-1 approvals: Unlike other visas such as H1-B, EB1-NIW, EB-2, or EB-3, O1 has no annual cap on the number of visas issued.
Types of O Visas
The different types of O visas include:
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O-1A: The O-1A visa is for individuals with extraordinary abilities in the sciences, education, business, or athletics.
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O-1B: The O-1B visa is for individuals who have an extraordinary ability specifically in the arts or extraordinary achievements in the motion picture or television industry.
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O-2: The O-2 visa is for the individuals who need to come together with the holder of the O-1 visa and are an integral part of the success of the work of the O-1’s work. For instance, if the receiver of an O-1 visa is a filmmaker who always works with a specific cinematographer, this cinematographer can apply for the O-2 visa.
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O-3: The O-3 visa is meant for the spouse and the children of the holders of the O-1 and O-2 visas.
Eligibility for O-1 Visa
There are 8 O-1 visa requirements out of which the applicants need to provide evidence for at least three of the them for O-1 visa eligibility.These requirements are:
- Received a receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
- Membership in associations in the field that require outstanding achievements of their members, as judged by recognized experts in the field.
- Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
- Published material in professional or major trade publications or major media about the applicant's work.
- Evidence of participation on a panel, or individually, as the judge of the work of others in the field.
- Evidence in the form of five or six letters and affidavits from prominent colleagues who can confirm the applicant's original scientific or scholarly contributions of major significance to the field.
- Evidence of employment in a critical or essential capacity for organizations and establishments with a distinguished reputation.
- Evidence of commanding a high salary or other compensation for services. This category does not usually apply to academic positions.
Duration of Stay and Extension Possibilities
The O-1 visa duration is initially for up to three years. After this, the O-1 visa extension occurs one year at a time.What makes this visa stand out is that there is no limit to the number of extensions that may be granted.
How to Apply for the O-1 Visa?
The O-1 visa application involves the following steps:
Petition to the USCIS
The employer or agent needs to file Form I-129 - the Petition for a Nonimmigrant Worker to the USCIS. They will also need to pay the application fee of $460. They can apply to one of the USCIS Service Centers a minimum of 45 days before the start date of the employment, but no earlier than 1 year.After the USCIS reviews the petition, they will give the employer or agent notice of their decision. If the petition is successful then the applicant can begin the application process.
File Form DS-160
Applicants will need to file an online application form called Form DS-160 which can be found at the Consular Electronic Application Center website.Once the form is completed, it needs to be printed and attached to the document file.
Pay the necessary fees
Excluding the Form I-129 (Petition for a Nonimmigrant Worker) fee paid in the earlier step, the applicant needs to pay the Form DS-160 (Online Nonimmigrant Visa Application) fee too which is $190.In case the individual opts for premium processing, they will need to pay $2,805 which will help to get a decision within 15 calendar days rather than waiting for months.
Schedule an Interview
After completing Form DS-160, the applicant needs to book an appointment at the U.S. Embassy. This can be done online through ustraveldocs.com or ais.usvisa-info.com.
Attend the Interview
At the day of the interview, it is essential to bring the necessary documents and present them to the immigration officer. They will ask various questions including these about your qualifications, professional experience, the time worked in the field, as well as questions related to why you want to work in the U.S.It is crucial to prepare diligently for this interview as it is a final step in getting the O-1 visa. Once the interview is over you'll get a decision regarding its verdict.
Necessary Documents to Apply for an O-1 Visa
There are various documents necessary in different stages of the process when applying for an O-1 visa. During the process of applying for an O-1 visa, the necessary documents are:
- A written consultation from an expert in your field who can be a peer group or a work-related organization.
- A written work contract which includes the details of the agreement with the employer
- A document that provides information on the activities and events you will be involved in along with their timeline and itinerary.
- Evidence of extraordinary abilities or achievements. This can be in the form the original research in your field, having a high salary relative to others in your field, and showcasing winning an award among many more.
After this, it is also necessary to gather documents during the appointment and interview with the U.S. Embassy. The necessary documents in this stage include:
- A passport that is currently valid and will continue to be valid six months after you intend to depart to the United States
- The DS-160 Form Confirmation Page
- The interview Appointment Letter
- Visa photo of yourself as per the guidelines of the U.S. Department of State
- Document that shows proof of having paid the Machine Readable Visa (MRC) fee
How Much Does It Cost to Apply for an O-1 Visa?
The O-1 visa petition requires a $460 application fee. In the case that an applicant wants their visa processed faster, they can apply for O-1 visa premium processing which has a fee of $2,805.Additionally, using an immigration lawyer for your O-1 visa application can cost from $3500 to $6000. It is important to consult with your employer regarding the fees. This is because they can choose whether to pay or not pay these additional O-1 visa fees.
Limitations of O-1 Visa
Though there are several advantages of the O-1 visa, there are also limitations which include:
- The individual needs to take up an employment only for those employers which USCIS has approved
- Taking up employment with multiple employers is possible only if each files a separate Form I-129
- The employment can only commence as per the date authorized by the USCIS. If there is no extension of the O-1 visa, the employment needs to be terminated no later than the date authorized
How to Transfer from an O-1 Visa to a Green Card?
Many individuals are interested in the prospects of going from an O-1 visa to a green card. This transfer process is possible through the following ways:
Employment-Based Petition
Similar to how an employer filed a petition to the USCIS for an O-1 visa, the individual needs to find an employer who can file a petition for the employment-based, first-preference visa (EB-1).After filing the petition through Form I-140, Immigrant Petition for Alien Worker, paying the necessary fees, and providing the supporting documents, USCIS processes the petition.If it is approved, a priority date will be provided to apply for the visa through the U.S. Embassy.
Self-Petition
Self-petitioning for an O-1 visa is possible, particularly because the number of individuals securing an EB-1 visa tends to be low. The USCIS permits self-petitioning due to the challenging nature of obtaining these visas. This approach allows individuals to apply without needing an employer to sponsor their green card.Since the person on an O-1 visa would already have a job or be self-employed, they will only need to change the status to an EB-1 visa without the need of changing an employment's nature. To undergo this process, you need to file Form I-140 to USCIS and wait for processing.
National Interest Waiver
It is possible to apply for a green card by demonstrating to the U.S. that there is a national interest in the work you are doing. The specific visa for this scenario is the EB-2 NIW.The USCIS will need a proof that your work is of “substantial intrinsic merit” through your achievements to see if it aligns with the national interests of the U.S.If successful in getting approval from USCIS, the person will get a second-preference employment-based visa (EB-2) which is for professionals with advanced degrees and people with extraordinary abilities in arts, sciences, or business.
How Long Does It Take to Get a Green Card After Transfer from an O-1 Visa?
The process to obtain a green card after an O-1 visa transfer can be quite long depending on the situation. The O-1 visa to green card processing time can be a few months if the annual limit is not reached when individual applies.However, if the annual cap is reached then the candidate would need to wait another year for processing.
What Are the Alternatives to the O-1 Visa?
Some of the main alternatives to the O-1 visa include:
- H-1B Specialty Occupation Visa
The H-1B visa is a popular U.S. visa in the context of working in the U.S. as a foreign citizen. Applying for this visa requires sponsorship from the company which hires you or desires to provide an employment. In addition, to be eligible to proceed you must be selected in the annual H-1B visa lottery.
- L-1 Intracompany Transferee Visa
This visa is ideal if you have an option to transfer from a foreign offices of the company to the U.S.-based office of the same company. This is the most applicable for higher positions such as managerial or executive ones, or for someone with a in-depth, specialized knowledge.
- TN Visa
This visa is specifically for nationals of Mexico and Canada, as part of the United States-Mexico-Canada Agreement. Some of the occupations in the scope of this visa include engineering, finance, law, or other specialty occupations.
- One of the P Visas
There are two P visas including a P-1A Athlete Visa and a P-1B Entertainment Visa. These visas allow athletes and entertainers to take part in their respective events temporarily.
Conclusion
The O-1 extraordinary ability visa offers a valuable opportunity for individuals representing remarkable abilities and accomplishments in their field which can allow them to work in the U.S. It stands out with its flexibility, potential for unlimited extensions, and ability to bring their dependents.If you're an international student who is considering the O-1 visa path, get in touch with our immigration consultants who can help you identify the eligibility and suggest alternatives.
FAQs
Can I bring my dependents with me on an O-1 visa?
Yes, your spouse and children under the age of 21 can be brought with you if you either hold an O-1 or O-2 visa. They need to apply for an O-3 visa.
Can dependents of O-1 visa holders work?
No, the dependents of O-1 visa holders cannot work. However, they are allowed to pursue their further studies in the U.S.
What is the difference between an O-1 Visa and a Green Card?
The difference between an O-1 visa and a green card is that the O-1 visa is a non-immigrant, temporary visa for individuals with extraordinary ability in their field.However, a green card is a permanent residency visa, allowing for a long-term residence in the U.S. With a green card, the individual also has the crucial benefit of being eligible for U.S. citizenship after at least five years.
Are there any travel restrictions on O-1 visa?
No, there are no restrictions on the number of times you may travel in and out of the U.S.
What is the process for O-1 visa renewals?
The O-1 visa renewal process requires applicants to go through the similar steps as the initial application they did.You need to submit a new I-129 form with fresh documentation of the applicant’s extraordinary achievements before your current visa expires, ideally 45 days early. You also need to include your I-94 form, which shows your travel history in and out of the U.S.
Is O-1 visa a dual intent visa?
Yes, the O-1 is dual intent.
What happens if my O-1 visa petition gets denied?
If the O-1 visa petition gets denied, USCIS will send a written notification to the petitioner explaining why the case was rejected. This notification also includes how to appeal and how to file a motion to reopen the case.
What is the processing time for an O-1 visa?
The O-1 visa processing time can span several months. However, in the case of premium processing, a decision can be heard within 15 calendar days.
Can I study on an O-1 visa?
Yes, it is allowed to study part-time while on an O-1 visa.
What happens for O-1 visa holders in the case of termination of employment by the employer?
In the unfortunate case that an employer decides to dismiss an O-1 visa holder, the employer will need to provide return transportation of the foreign worker to their last place of residence outside the U.S.
Can O-1 visa holders apply for unemployment?
That is not feasible for the O-1 visa holder since O visas specifically rely on the immigrants’ work to be valid. Failing to meet these criteria can lead to a loss of status on this visa.
Can USCIS revoke an O-1 Visa?
Yes, the USCIS has the authority to revoke an O-1 visa for several reasons including:
- If the petitioner “ceases to exist”
- If they formally apply to annul the petition
- If the beneficiary quits or is fired from the position
- If USCIS wrongfully approved the petition
- If the petitioner violates the laws or regulations
- If it comes to light that the initial petition was false in any way
- If the petitioner breaches the terms and conditions of the petition
The USCIS sends a Notice of Intent to Revoke (NOIR) to those whose visa is revoked which also includes the reasons for revocation and the amount of time the petitioner has to contest the decision.