Visas
O-1 Visa
The O-1 Visa is tailored for individuals with extraordinary abilities or achievements in fields such as arts, sciences, business, education, or athletics. If you're at the pinnacle of your profession and seek to make a significant impact, this visa is designed for you.
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What is the O-1 Visa?
The O-1 Visa stands as a specialized non-immigrant designation tailored for individuals who demonstrate exceptional proficiency in their respective fields, spanning disciplines such as arts, sciences, business, education, or athletics.
Distinguished from standard applications, this visa is meticulously designed for individuals who occupy the upper echelons of their professions. It serves as an exclusive avenue for those who have achieved the highest standards of excellence in their domains, offering a unique opportunity for individuals at the pinnacle of their respective fields to navigate the intricacies of temporary residence in the United States.
Benefits of the O-1 visa
The O-1 visa provides a range of benefits for both applicants
and employers or sponsors. Some key benefits include:
Recognition of extraordinary skills
As an O-1 Visa beneficiary, you will be recognized for your extraordinary achievements and talents in your field. This provides you with unique opportunities to collaborate with outstanding professionals and organizations in the United States.
Work flexibility
You will have the opportunity to work for different employers or projects in the country, allowing you to explore diverse opportunities and expand your professional horizons.
Extended stay
The O-1 visa can grant you an extended stay in the United States, giving you additional time to develop your projects, participate in educational activities, and contribute to the professional community in your field of expertise.
Although the O-1 Visa does not allow family members to enter the country, the holder's spouse or partner may apply for a dependent Visa, allowing them to live and work in the country for the duration of their spouse's O-1 Visa.
This provides an additional benefit by keeping families together during the candidate's professional experience in the United States!
Curious if You Qualify for the O-1 Visa? Find Out Now!
Creativity, recognition, and employment proof
Peer letters and employment proof
When no such peer group exists, for example, in the case of
tattoo artists or CEOs of speedboat manufacturers (both
cases successfully brought by CSA), then peer letters are
necessary to establish the special position of the beneficiary in
the specific industry.
Proof of possible employment is usually achieved through a
copy of the employment contract and a description of the
work to be performed.
Proving extraordinary ability
So how do you show that you have some kind of extraordinary ability in science, business, education, or athletics?
Please note if you have done three of the following:
Behind the Scenes: O-1 Visa Journey for Artists
This can be in fine or visual arts, performing arts, culinary arts, etc.
Additionally, those who support the main act of an art project qualify,
such as sound designers, orchestrators, costume designers, stage technicians, etc.
To qualify for the O-1 visa as an artist, you must meet at least one of
these conditions
If you have verified these requirements and meet any of them, then you
must provide proof to your employer. Your employer will have to prove
that you have the extraordinary ability by submitting the test you gave
them access to.
Having won a highly acclaimed awards such as a Grammy, an Oscar, an Emmy, etc.
You will be a leading person in a production or event that has been reviewed by critics.
Has been featured in review magazines, newspapers, and other publications for his excellent performances.
Has been a part of highly reviewed production parts that have high ratings, box office receipts, etc.
Has had a high salary for his services compared to others in his field.
Job offer or competitive engagement
In addition to demonstrating extraordinary ability, you must also demonstrate that you are coming to the United States to work in your area of expertise. This means that he must be able to show that he has a job or a contract to work in the United States.
If you do not have a job or contract, you can still get an O-1 visa if you can show that you are coming to the United States to participate in a competition or event related to your area of expertise.
Streamlined online application
Once you have fulfilled these requirements, you can begin the process of applying for an O-1 visa. The first step is to submit an application form, which you can do online.
You will also need to submit supporting documentation, such as evidence of your extraordinary ability and evidence of your plans to work in the United States.
Once you have submitted your application, it will be reviewed by the United States Citizenship and Immigration Services (USCIS). If your application is approved, you will be issued an O-1 visa.
Extended stay and dependent
The O-1 visa allows you to stay in the United States for up to three years. He can extend his stay for two more years if he shows that he continues to work in his area of expertise.
The O-1 visa does not allow you to bring family members to the United States. However, your spouse or partner may be eligible for a dependent visa, which would allow them to live and work in the United States while you are on an Ol visa. It has to be done through an employer or sponsor in the US.
The sponsor, whether an individual or a company, must petition the individual stating that she wants him to come to the United States to work for/with the sponsor. It can be granted for a maximum initial term of 3 years but it can be extended. This term is tied to the term of time that you are interested in working in the United States.
Nonimmigrant classification OR
O-1A
Individuals with extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures, or television industry);
O-1B
Individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry
O-2
Persons accompanying an O-1 artist or athlete to attend a specific event or performance
O-3
Persons who are spouses or children of O-1 and O-2 visa holders
What documentation do I need for an O-1 visa?
Form I-129
Form DS-160
Advisory letter
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
Get guidance and assistance in your application process
USCIS criteria for granting the O-1A visa*
Nobel prize recognition
Evidence that the beneficiary has received a major award, internationally recognized as the Nobel Prize
OR evidence of at least
three of the following:
Media recognition
Published material in professional publications, newspapers, or other major media about the recipient and the recipient’s work in the field for which classification is sought.
Scholarly publication recognition
Authorship Of Scholarly Articles In Professional Journals Or Other Major Media In The Field For Which Classification Is Requested
Distinguished association membership
Be a member of associations in the field for which classification is sought that require outstanding achievement, judged by recognized national or international experts in the field of performance.
Award-winning excellence
Have received awards of national or international recognition or awards for excellence in the field of performance.
Innovative contributions
Significant original contributions from the field of performance, whether academic or business.
High-salary achievement
A high salary or other remuneration for services demonstrated in contracts or other reliable evidence.
Field expert judging
Participation on a panel, or an individual basis, as a judge of the work of others in the same field or in a field of specialization allied to that field for which classification is sought.
If the above standards do not readily apply to the beneficiary’s occupation,
the petitioner may present comparable evidence to establish eligibility.
*This information corresponds to September 2022
What is the process to obtain an O-1 visa?
I-129 Petition
The petitioner must file Form I-129, Petition for a Nonimmigrant Worker with the USCIS department listed in the form instructions.
Form I-129 must be filed at least 45 days before the date of employment, and may be filed more than one year before the actual need for the alien’s services.
Consultation
A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary field.
If the O-1 petition is for an individual with extraordinary film or television cinematographic achievement, the inquiry must come from an appropriate union and management organization with experience in the beneficiary’s field.
Contract between petitioner and beneficiary
A copy of any written contract, or a summary of an oral contract or agreement between the petitioner and the beneficiary.
O-1 visa application process
A US employer, a US agent, or a foreign employer through a US agent must file (see Form 1-129, Petition for a Nonimmigrant Worker) on your behalf, along with any required evidence according to the instructions on the form.
Your employer or agent cannot file the petition more than one year before you need their services. To avoid delays, your employer or agent must file Form I-129 at least 45 days before your date of employment.
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.
Apply for your O-1 visa today
If you are an accomplished professional in your field and are looking for a unique opportunity
to develop and excel in the United States, the O-1 Visa may be the right option for you.
Make sure to meet the established requirements and seek appropriate guidance to facilitate your
application process.
At Visa Franchise, we are ready to assist you throughout the entire process.
Our team of experts will provide personalized guidance, help you gather the necessary documents,
and provide you with all the information you need to succeed in your O-1 Visa application. Take
our O-1 Quiz now to discover if you qualify for this extraordinary opportunity.
Start your journey towards employment in the United States
Exceptions to the
consultation requirement
If your employer or agent can show that there is no appropriate peer group, including a labor organization, then we will base our decision on the evidence they submit in support of Form I-129.
We may waive a consultation if you have extraordinary ability in the field of the arts and are applying for readmission to perform similar services within two years of the date of the prior consultation.
Your employer or agent must submit a request for exemption and a copy of the previous consultation with the request.
For more information on inquiries for O nonimmigrants, see the USCIS Policy Manual, Volume 2, Part M, Chapter 7.
Itineraries
The petitioner must explain the nature of the events or activities, the start and end dates of the events or activities, and a copy of any itinerary for the events or activities, if applicable.
The petitioner must establish that there are events or activities in their field of the extraordinary capacity for the requested validity period, such as an itinerary for a tour or series of events.
Agents
A US agent can be your actual employer, your and the employer’s representative, or a person or entity authorized by the employer to act for, or on behalf of, the employer as your agent. Detailed information on USCIS policy regarding agent petitioners can be found in the USCIS Policy Manual, Volume 2, Part M, Chapter 3.
Evidence demonstrating O-1 eligibility
The petitioner must provide evidence demonstrating his extraordinary ability
in the sciences, arts, business, education, or sport, or his extraordinary
achievements in the film industry.
The file must include at least three different types of documentation that
correspond to those listed in the regulations, or comparable evidence in
certain circumstances, and the evidence must, taken together, demonstrate
that you meet the relevant standards for classification.
Detailed information about how USCIS evaluates evidence to determine
eligibility and whether to come to the United States for further work
in the area of extraordinary ability can be found in the USCIS Policy
Manual, Volume 2, Part M, Chapter 4.
Extension of stay
If you need to extend your stay to continue or complete the same event or activity, your employer or agent must file the following documents with USCIS:
To help us process your request, the statement must describe the event or activity
that was the basis for the original approval and confirm that the extension is
necessary for you to continue or complete the same event or activity described.
Your spouse and children must file Form I-539, Application for Extension/Change
of nonimmigrant status, and submit all supporting documents to extend your stay.
For more information, see our page on Form I-539.
Information to keep in mind
Being a client of Visa Franchise requires having an advanced level of English and/or Spanish and/or, in limited cases, Mandarin.
Although Visa Franchise strives to meet all the needs and requests of its clients, opportunities for non-intermediate English speakers seeking full-time work are extremely limited due to a specific requirement from the franchisor(s) to conduct all franchise discovery and operational processes in English.
Change of employer
If you are an O-1 nonimmigrant in the United States and want to
change employers, the new employer must file Form I-129 with the
USCIS office listed in the instructions for the form. If an agent
filed your original petition, your new employer must file an amended
petition with proof that it is your new employer and a request
for an extension of stay.
A material change in terms and conditions of employment
If there have been any material changes, other than the addition
of additional performances or commitments requiring 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
at the service center where the original request was filed
Athletes
There are special rules for professional athletes with O-1. If
you are transferred 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
these 30 days 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 exchange, you lose your employment authorization. You will also
lose your employment authorization if we reject your new Form I-129.
Return transportation
If your employer terminates your employment for reasons other than your voluntary resignation, you must pay the reasonable cost of transportation back 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.
What are the filing costs of the USCIS
immigration service in the United States?
The USCIS department fee for form I-129. Additionally, if you want to request expedited
processing (“Premium Processing), you must pay the fee for form I-907.
Click the link below to check the US Immigration Service fees as they change regularly:
uscis.gov/formsHow long does it take to process the O-1 visa?
After you have completed your interview, you will need to wait for the visa to be processed. The usual O-1 visa processing time is two to three months.
O-Ill visa holders may study in the United States, but may not work unless they obtain separate employment authorization.
If you think you may qualify for an O-1 visa, we encourage you to speak with an experienced immigration attorney who can evaluate your case and help you navigate the O visa application process.
Applying for an O visa can be complex, and it’s important to make sure you meet all the eligibility requirements.
Take our free U.S. opportunity assessment today
