Visas
O-1 visa
If you're a leader in your field and aim to make a significant impact, this visa is perfect for you.
What is the O-1 visa?
The O-1 extraordinary ability visa is a non-immigrant work visa for individuals with remarkable skills and achievements in fields such as science, education, business, athletics, arts, television, and the motion picture industry. This visa aims to attract top-tier professionals from across the globe.
Introduced by the 1990 Immigration Act, the O-1 visa is part of a suite of non-immigrant visas, including the F-1 OPT and H-1B. The United States created this visa to address the need for exceptional talent in the country, facilitating the immigration of highly skilled individuals like scientists, engineers, and educators, thereby fostering innovation and growth.
Categories of the O-1 visa
O-1A
The O-1A visa is intended for individuals who have demonstrated extraordinary ability in the areas of science, education, business, and athletics. This category targets professionals who are leaders in their fields.
O-1B
The O-1B visa is designed for individuals with extraordinary ability in the arts, as well as those in the motion picture and television industries. This category focuses on creative professionals who have achieved distinction in their respective domains.
Scientist
Professor
Manager
Engineer
Actor
Chef
Singer
O-1A visa criteria
To qualify for the O-1A visa, applicants must demonstrate extraordinary ability in their field by meeting at least 3 out of 8 specified criteria. It is advisable to aim for more than three criteria to strengthen your application, as the evaluating officer may consider one or more of your presented evidences as insufficient.
1
Original contribution
You have contributed original scientific, scholarly, or business-related works that have had major significance in your field. This can include groundbreaking research, innovative business practices, or influential publications that have advanced knowledge and practice within your discipline.
2
Critical capacity
You have been employed in a critical or essential capacity at an organization that has a distinguished reputation in your field. This means holding key roles or positions in reputable companies, universities, or institutions where your work has been crucial to the organization's success and reputation.
3
Judging
You have participated on a panel or individually as a judge of the work of others in your field. This includes serving as a peer reviewer for scientific journals, judging competitions, or evaluating the work of peers at conferences and other professional events.
4
Press
You and your work have been featured in professional publications, major trade publications, or major media. This criterion includes articles, interviews, and features that highlight your contributions and achievements in your field, providing recognition and visibility.
5
Authorship
You have authored scholarly articles that are published in professional journals, major trade publications, or other major media in your field. These publications demonstrate your expertise and influence in your area of specialization, contributing to the body of knowledge.
6
High salary
You have commanded or will command a high salary or other payments that come from the services you contribute to your field. This reflects the high value and demand for your expertise and skills, indicating your exceptional standing in your profession.
7
Awards
You have received nationally or internationally recognized awards or prizes for excellence in your field of expertise. These honors are a testament to your extraordinary abilities and contributions, recognized by peers and experts in your discipline.
8
Membership
You are a member of an association that requires outstanding achievements in your field as determined by recognized national or international experts. Membership in such prestigious organizations signifies your professional standing and recognition by your peers.
Curious about the O-1 visa process?
O-1B visa criteria
To qualify for the O-1B visa, applicants must demonstrate extraordinary ability in the arts, motion picture, or television industry by meeting at least 3 out of 6 specified criteria.
1
Lead or starring participant in distinguished productions or events
You must provide evidence that you have performed, and will continue to perform, services as a lead or starring participant in productions or events with a distinguished reputation. This can be evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements.
2
National or international recognition for achievements
You need to show that you have achieved national or international recognition for your achievements. This can be evidenced by critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other significant publications.
3
Lead, starring, or critical role in distinguished organizations
Evidence is required that you have performed, and will continue to perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation.
4
Record of major commercial or critically acclaimed successes
You must demonstrate a record of major commercial or critically acclaimed successes. This can be evidenced by indicators such as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.
5
Significant recognition from organizations or experts
You must have received significant recognition for their achievements from organizations, critics, government agencies, or other recognized experts in the field.
6
High salary or substantial remuneration
It's essential that a high salary or substantial remuneration has been commanded or will be commanded in relation to others in the field. This can be evidenced by contracts or other reliable evidence showing the beneficiary’s compensation.
What documentation do I need for an O-1 visa?
Form I-129
Form DS-160
Advisory letter (Peer group, labor organization, or management opinion in the beneficiary’s fiel)
A copy of the written work contract
Proof of your extraordinary abilities or achievements
Passport
Interview Appointment Letter
Picture of yourself
I-797 Approval Notice from the United States Citizenship and Immigration Services
Proof you have paid the Machine Readable Visa (MRV) fee
O-1 visa duration and sponsorship requirements
The O-1 visa is initially granted for a period of up to three years. This period is determined by the length of time required for the visa holder to complete their specific work or event in the United States. If the work extends beyond the initial period, the visa can be renewed in one-year increments. Each extension must be supported by evidence showing that the individual's services continue to be required.
On the other hand, applicants must have a job offer from a U.S. employer who acts as the petitioner. This employer is responsible for filing Form I-129, Petition for a Nonimmigrant Worker, on behalf of the applicant. The job offer must clearly demonstrate that the applicant will be working in their area of extraordinary ability. Additionally, a written advisory opinion from a peer group, labor organization, or management organization in the applicant’s field of expertise is required.
Benefits of the O-1 visa
You can extend your status for up to 1 year at a time, with no limit to the number of extensions.
Your spouse and unmarried children under 21 years old are eligible to accompany you in the United States. Your family members will obtain O-3 status as your dependents.
The O-1 visa allows you to work for multiple employers in the United States.
Growth of the O-1 visa program
It's essential to understand that this visa undergoes a two-phase approval process, with the initial phase overseen by the United States Citizenship and Immigration Services (USCIS). For our analysis, we specifically examine the approval rates during this crucial first phase. Drawing insights from the "STEM-Related Petition Trends" report, the numbers reveal a compelling story.
In 2021, the O-1A Visa approval rate stood impressively high at 91%, resulting in 7,320 approvals. The subsequent year witnessed a notable increase, with the approval rate reaching 94% and 9,120 approvals. Despite a slight dip in 2023, where the approval rate was 92%, the absolute number of approvals soared to 9,490. This remarkable consistency in high approval rates underscores the strength of this visa category, positioning it as an attractive avenue for individuals with extraordinary abilities and achievements in their respective fields.
O-1 visa processing time
The processing time for the O-1 visa can vary based on your chosen procedure. If you opt for the expedited process, you can receive approval within 1 week to a maximum of 15 days after submitting your application.
However, if you do not choose the expedited process, the entire timeline from gathering all necessary evidence to receiving approval can range from 1 to 6 months. This longer duration includes the time needed to compile comprehensive documentation and meet all application requirements.
Ready to take your career to the next level with an O-1 visa?
Frequently asked questions
Does an O-1 visa lead to a green card?
While the O-1 visa itself is a non-immigrant visa, it can be a stepping stone towards obtaining a green card. Many O-1 visa holders apply for permanent residency (green card) through employment-based immigrant visa categories, such as the EB-1 visa for individuals with extraordinary ability. This process involves demonstrating sustained national or international acclaim and a significant body of work in your field.
Is it hard to get an O-1 visa?
Obtaining an O-1 visa may seem challenging due to its stringent requirements, but it is not as difficult as it seems with proper preparation. The key to a successful application is gathering all the necessary evidence and clearly explaining how it demonstrates your extraordinary ability. Working with an experienced immigration lawyer can help you connect all the evidence in your application to build a compelling narrative.
Is an O-1 visa better than an H1B?
Whether an O-1 visa for entrepreneurs is better than an H1B visa depends on your individual circumstances and career goals. The O-1 visa is designed for individuals with extraordinary ability in their field and offers greater flexibility, such as the ability to work for multiple employers. It also does not have an annual cap, unlike the H1B visa, which has a limited number of visas available each year. However, the H1B visa is often easier to obtain, with less stringent eligibility requirements.
Do you need a sponsor for an O-1 visa application?
Yes, you need a sponsor for an O-1 visa. An employer or agent in the United States must file Form I-129, Petition for a Nonimmigrant Worker, on your behalf. The sponsor acts as the petitioner and must provide a job offer or contract demonstrating that you will be working in your area of extraordinary ability.
Can an O-1 visa be rejected?
Yes, an O-1 visa can be rejected. Common reasons for rejection include insufficient evidence of extraordinary ability, failure to meet O-1 visa eligibility criteria, inadequate documentation, or issues with the petition filed by the employer or agent. However, with thorough preparation, strong supporting evidence, and professional guidance, many applicants successfully obtain the O-1 visa. If your application is denied, you may be able to address the issues and reapply.
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