O-1 Visas
The O-1 visa is an employment, nonimmigrant visa for people with extraordinary abilities in science, business, art, education, athletics, or the motion picture television industry.
There are several advantages to being on an O-1 visa instead of an H-1B, for example:
Unlimited extensions: The O-1 visa can be renewed indefinitely (in one-year increments) as long as the beneficiary continues to qualify
Employment flexibility: O-1 visa holders can work for multiple employers or themselves concurrently
No annual lottery or registration period: There are no specific deadlines or lottery systems involved with the O-1 application process
The O visa has a few different classifications:
O-1A: People with extraordinary ability in business, science, education, or athletics.
For example, this could be entrepreneurs, highly acclaimed professors and researchers, computer scientists, CEOs, medical specialists, and data scientists, to name a few.
O-1B: Individuals with extraordinary ability in the arts or major achievements in TV, motion picture, or film industry.
Some examples of people or roles that might qualify for an O-1B are award-winning directors, acclaimed actors, culinary innovators, influential fashion designers, critically recognized dancers and choreographers, and renowned visual artists.
O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and
O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.
Requirements
O-1A
Generally, an O-1A beneficiary must prove that they have sustained national or international acclaim and is one of the small percentage who have arisen to the very top of his or her field. The beneficiary must be continuing this work in the United States in the area of their extraordinary ability.
Supporting Documents for O-1A for Business, Sciences, Education, & Athletics:
The supporting documentation for an O-1A petition must include evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:
Documentation of the beneficiary's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
Documentation of the beneficiary's 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 the beneficiary, relating to the beneficiary's 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 the beneficiary's 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 the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field;
Evidence of the beneficiary's authorship of scholarly articles in the field, in professional journals, or other major media;
Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence.
Examples and considerations for each of these forms of evidence can be found here: 2 USCIS-PM M.4, Appendices Tab
O-1B
Generally, the beneficiary of an O-1B petition must:
Have extraordinary ability in the arts which has been demonstrated by sustained national or international acclaim;
Have achievements that have been recognized in the field through extensive documentation; and
Is coming to work in the area of extraordinary ability (but not necessarily that the particular duties to be performed require someone of such extraordinary ability).
Supporting Documents for O-1B for Arts, Motion Picture, & Television:
The supporting documentation for an O-1B (Arts) petition must include evidence that the beneficiary has received, or been nominated for, a significant national or international award or prize in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award) or at least three of the following forms of evidence:
Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
Evidence that the beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;
Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the beneficiary's achievements; or
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.
Examples and considerations for each of these forms of evidence can be found here: 2 USCIS-PM M.4, Appendices Tab
How to Apply
--> Employer Files I-129
The employer will not be able to file more than 6 months before the intended start day, but to make sure it's processed in time, we suggest filing at least 45 days before the job begins.
The petitioning employer will also need to provide with the I-129:
A Written Advisory Opinion (also referred to as a "Consultation"
This should be from a peer group or a person with expertise in the beneficiary's area of ability
If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.
If the employer or agent can show that an appropriate peer group, including a labor organization , does not exist, then USCIS will base their decision on the othersupporting documents.
The employer or agent may submit a waiver request if the beneficiary has extraordinary ability in the field of arts and is are seeking readmission to perform similar services within two years of the date of a previous consultation.
An Employment Contract
The Petitioner must submit a copy of any written contract between you and the petitioner or a summary of the terms of the oral agreement under which you will be employed.
Itineraries
Evidence that, through the requested period of time, the beneficiary will be working in their area of extraordinary ability, for example:
A description of activities
Start and end dates for the those activities
Copy of the itinerary of events
Supporting Documents/Evidence Proving the Beneficiary's Extraordinary Ability
Once the I-129F is approved, the beneficiary will be granted an O-1 visa. If the petition is denied, USCIS will send a written notification to the petitioner explaining why the case was rejected. The notification should contain information about how to appeal or file a motion to reopen the case.
Frequently asked questions:
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Typically, O-1 visas are valid for up to 3 years. However, this could vary depending on the project or event you are working on in the US. If you need to stay longer, you are able to request extensions for one year at a time. As long as you continue to meet the high standards of the O-1 visa category, there’s no limit to how many extensions you can get.
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Yes! With an O3 visa, a spouse, or any children below the age of 21, can join the O-1 beneficiary. While they are not permitted to work, they can attend school, either as a full-time or part-time student, while in the United States.
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The O-1 visa won’t directly lead to a green card, but it can be a valuable stepping stone on your journey toward permanent residence. The O-1 visa has “dual intent," which means you can hold an O-1 visa and apply for a green card at the same time.
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If there has been any material change, those other than the addition of additional performances or engagements that require someone of extraordinary ability, in the terms and conditions of your employment or eligibility, your employer or agent must file an amended Form I-129 with the service center where the original petition was filed.
However, there are special rules for O-1 professional athletes. If you are traded from one team to another, employment authorization will continue with the new team for 30 days, during which time the new employer must file a new Form I-129. Filing the new Form I-129 within this 30-day period extends your employment authorization at least until we process your petition. If the new employer does not file a new Form I-129 within 30 days of the trade, you lose your employment authorization. You also lose your employment authorization if we deny your new Form I-129.
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Yes- If your employer terminates your employment for reasons other than your voluntary resignation, they must pay for the reasonable cost of return transportation to your last place of residence before entering the United States. If an agent filed the petition for the employer, the agent and the employer are equally responsible for paying these costs.