O-1 Visa

What You Should Know About O-1 Visas

Immigrants and nonimmigrants can choose from numerous U.S. visas, from H-1B to J to CR1. Of course, these depend on your situation, such as your employment, family status, and reasons for coming to the United States.

The O-1 visa is one option if you’ve achieved the following:

• Extraordinary abilities “sustained by national or international acclaim” in the fields of science, education, arts, business, or athletics; or
• A record of “extraordinary achievement in the motion picture and television industry.”

In addition to one of the above, you must be coming to the United States on a temporary basis to continue to work in an area of extraordinary ability. This is a temporary visa.

Clearly, this type of visa is “reserved for those who are among the small percentage of experts who have risen to the top of their field.” The United States Citizenship & Immigration Services (USCIS) approves these types of visas based on substantial evidence. O-1 visas are complicated and subjected to high levels of USCIS scrutiny; therefore, if you think you may qualify for this type of visa, you’d be better off engaging a qualified immigration attorney to help you through this process.

In this article, we’re going to explore the O-1 visa, including who it applies to and the process for obtaining this type of visa. Keep reading to learn how the O-1 visa may apply to you.

How Do I Know If I’m Eligible for an O-1 Visa?

To be eligible for an O-1 visa, you (or your attorney) must prove to the USCIS that if you’ve achieved extraordinary abilities “sustained by national or international acclaim” in the fields of science, education, arts, business, or athletics or a record of “extraordinary achievement in the motion picture and television industry.” Additionally, you must be coming to the United States on a temporary basis to continue to work in an area of extraordinary ability.

But, how do you prove this extraordinary achievement?

Depending on your field, “extraordinary achievement” means different things. For example, for the field of arts, you must prove distinction, evidenced by a “degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are a prominent, renowned, leading, or well-known in the field of arts.”

For the motion pictures or television industry, you must demonstrate “extraordinary achievement,” evidenced by a “degree of skill and recognition significantly above that ordinarily encountered, to the extent that you are recognized as outstanding, notable or leading in the motion picture and/or television field.”

If you assist an O-1 visa holder, you may qualify for an O-2 visa if you are “an integral part of the actual performance or event and possess critical skills and experience with the O-1 that are not of a general nature and that U.S. workers do not possess.”

For the motion picture or television industry, the O-2 visa holder must have “the skills and experience with the O-1 beneficiary that are not of a general nature and skills that are critical, due to a pre-existing or long-standing working relationship with the O-1 beneficiary.”

The USCIS may not grant an O-2 visa if you support O-1 visa holders with extraordinary ability in fields of business, education, or science.

According to the USCIS, here is some documentation that you must produce to prove your O-1 visa expertise in your field:

• The supporting documentation for an O-1A petition must include evidence that you have received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:
  • Documentation of your receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Documentation of your membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  • Published material in professional or major trade publications or major media about you, relating to your work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;
  • Evidence of your participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;
  • Evidence of your original scientific, scholarly, or business-related contributions of major significance in the field;
  • Evidence of your authorship of scholarly articles in the field, in professional journals, or other major media;
  • Evidence that you have been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
  • Evidence that you have either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence.

What Is the Application Process for an O-1 Visa?

Once you determine if you may be eligible for an O-1 visa, then you’ll begin the application process with the USCIS.

Here are the steps to file for an O-1 visa:

• File a Form I-129, Petition for Nonimmigrant Worker with the USCIS on your behalf. This form is typically filed by your employer on your behalf; however, your employer cannot file this form more than one year prior to your employment in the United States.
• File a Form DS-160, Online Nonimmigrant Visa Application with the U.S. Department of State.  All individuals seeking a U.S. visa must file this application online.
• Pay the relevant O-1 visa fee of $460 per applicant. The application fee for the Form DS-160 is $190 per applicant. If your spouse and/or children are applying for a change of status (as dependents to your O-1 visa) or if they are applying for an extension of their O-3 status, they’ll need to file a Form I-539, Application to Extend/Change Nonimmigrant Status, which has a filing fee of $370 per applicant.
• Gather and submit all required documentation to prove your eligibility with your Form I-129.
• Schedule a visa interview with the nearest U.S. consulate or embassy.
• Receive your O-1 visa within a week after the completion of your successful O-1 visa interview.

It typically takes the USCIS three to six months to process your Form I-129. However, you can request a premium processing service to speed up the process. With this premium service, the USCIS will review your Form I-129 in 15 – 45 days.  However, there is an additional fee of $2,500 for this processing (in addition to your standard $460 filing fee).

Also, when you attend your visa interview, be sure to bring the following documentation in addition to the documentation proving your extraordinary abilities:

• Your visa interview appointment letter
• The Form DS-160 confirmation page
• The Form I-797 approval notice
• A photograph of yourself, complying with the U.S. Department of State requirements
• Proof that you have paid your machine readable visa fee, if applicable

These documents must be valid at the time you submit your application and six months after you plan on departing the United States.

If you receive an O-1 visa, you can travel outside of and re-enter the United States, depending on the terms of your granted visa.

How Long Does the O-1 Visa Process Take?

It typically takes the USCIS three to six months to process your Form I-129. However, you can request a premium processing service to speed up the process. With this premium service, the USCIS will review your Form I-129 in 15 – 45 days.  However, there is an additional fee of $2,500 for this processing (in addition to your standard $460 filing fee).

How Long Is My O-1 Visa Valid?

O-1 visas are initially valid for three years.  After that, they may be extended in one-year increments indefinitely.

To extend your O-1 visa, your employer will need to submit a new application along with:

• Form I-129, Petition for a Nonimmigrant Worker
• A copy of your Form I-94, Arrival/Departure Record
• An employer statement explaining the reasons why you need an extension

In your statement, your employer should explain the original reason for your visa (when you were initially employed) and then explain why the extension is needed to permit you to continue your work.

Your spouse and/or your children must file a Form I-539, Application to Extend/Change.

What Happens If My Employment Changes?

If you experience any material changes in your employment’s terms or conditions, your employer must file an amended Form I-129 with the USCIS service center where you filed your original petition.

On the other hand, if you want to change employers, your new employer must file a Form I-129 with the USCIS.

For professional athletes, special rules apply. If, for example, you are traded from one team to another, your employment authorization will continue for the first 30 days you are with the new team. During that time, your new employer must file a new Form I-129 with the USCIS. If your new employer fails to do so, then you may lose your employment authorization.

If your employer terminates your employment other than for voluntary resignation, your employer must pay any reasonable transportation costs back to your last place of residence before you entered the United States.

Can I Get a Green Card With My O-1 Visa?

Unfortunately, an O-1 visa does not lead directly to a Green Card, since it’s a nonimmigrant visa. However, you may be eligible for an EB-1 visa.  An EB-1 visa is an employment-based Green Card available to non-U.S. citizens with “extraordinary ability, outstanding professors and researchers, and multinational managers or executives.”

Essentially, the O-1 visa is the nonimmigrant visa for these extraordinary achievements where the EB-1 is the U.S. immigrant counterpart.  To understand if you’re eligible to convert your O-1 visa to an EB-1 visa, contact a qualified immigration attorney to help you make the leap.

What Are Some Alternatives to the O-1 Visa?

If you don’t qualify for an O-1 visa, you may want to discuss the following potential alternatives with a qualified immigration attorney: