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The O1 visa is a non-immigrant visa category in the United States that is designed for individuals with extraordinary ability in specific fields, including the sciences, arts, education, business, or athletics. It’s often called the “O1 visa for extraordinary ability” or simply the “O1 visa.”
It’s important to note that the O1 visa application process can be complex and requires careful preparation of supporting documentation. Consulting with an experienced immigration attorney is highly recommended to ensure you meet the requirements and increase your chances of a successful O1 visa application.
Overall, the O1 visa provides a pathway for individuals with extraordinary ability to work in the United States. It offers opportunities to showcase exceptional talent, collaborate with renowned organizations, and further develop one’s career on an international level.
Ready to hire an immigration lawyer to help you with a Visa? Book a consultation on Tina’s calendar. Contact her at 385-396-4599. Or complete the form below and we’ll connect you today.
One advantage of the O1 visa is its “dual intent” nature, meaning that you can pursue a permanent residency (a Green Card) while on an O1 visa without jeopardizing your non-immigrant status.
This means you can express your intent to live and work permanently in the U.S., which can be beneficial for individuals looking to establish long-term residency.
The process of obtaining an O1 visa involves filing a petition with the USCIS (United States Citizenship and Immigration Services). The petition must include evidence demonstrating your extraordinary ability, such as awards, publications, contracts, media coverage, or testimonials.
Additionally, you must include a written advisory opinion from a recognized expert in your field, affirming your extraordinary ability. A detailed itinerary of the events or activities you will be engaged in while in the U.S. is also required.
The O-1 visa has two categories:
While the “extraordinary ability” standard applies to both categories, the definition of “extraordinary ability” is slightly different for each group.
Unfortunately, no one can self-petition for an O-1.
Instead, the O-1 visa requires a contract with a U.S. employer or agent. The employer or agent must have a legitimate relationship with you and be willing to sponsor your visa application.
If you are self-employed or work as a freelancer, you can also act as your own agent and file the petition. The employer or agent must provide a job offer or contract detailing the terms of your employment or services in the United States.
In addition to a contract, O-1 visa petitions must also include an advisory opinion from a trade or consulting organization or a reputable peer group detailing that the visa applicant has an ongoing reputation of extraordinary ability.
If there isn’t an applicable peer group, several strong and focused letters from experts in the field may suffice for an advisory opinion. The aim is to establish that the individual has already achieved the top level in their field. However, it should be noted that the procedure for obtaining advisory opinions varies between organizations.
To qualify for an O1 temporary visa, the individual must demonstrate extraordinary ability in the arts, sciences, or athletics.
When applying for an O-1A visa (sciences, athletics, business), extraordinary ability is determined the same way as it is for EB-1A visa purposes. The person applying must either demonstrate a one-time achievement at the caliber of an Olympic Medal or Nobel prize or meet a minimum of three of the following criteria:
Extraordinary ability for O-1B applicants is defined as “distinction” in the arts. As with O-1A, such a distinction can be established with a one-time major achievement such as an Academy Award, Director’s Guild Award, Emmy, or evidence of a minimum of three of the following:
Suppose the above criteria doesn’t readily apply to the alien’s occupation in the arts. In that case, they may submit comparable evidence to establish eligibility.
However, this does not apply to the motion picture or television industry.
The initial period of stay on an O1 visa is typically up to three years, with the possibility of one-year increments extensions. There is no set limit on the number of extensions you can obtain as long as you continue to meet the eligibility criteria and maintain your extraordinary ability.
Dependents, including spouses and unmarried children under 21 years of age, can accompany O1 visa holders to the United States under the O3 visa category. It should be noted that dependents can’t work in the U.S. but can attend school or college.
Ready to hire an immigration lawyer to help you with a Visa? Book a consultation on Tina’s calendar. Contact her at 385-396-4599. Or complete the form below and we’ll connect you today.
Tina Ghomashchian is a U.S. immigration lawyer and the founder of TZG Law. Tina is originally from the United Kingdom where she graduated from one of the U.K.’s top law schools – Dundee University Law school. Upon graduation Tina immigrated to the United States where she worked in the fields of civil litigation and immigration before starting TZG Law. Tina has a passion for humanitarian work and wants to incorporate her passion into her law firm through helping immigrants achieve legal status at affordable costs. She has successfully helped 20,000 people receive visas.
