Visa for Individuals with Extraordinary Ability or Achievement (O-1)
Obtaining an O-1 Visa for Extraordinary Abilities
The O-1A and O-1B visas are for individuals with extraordinary ability in business, science, athletics, or the arts, who want to work in the United States. It is part of a diverse set of American visas that offer unique opportunities to professionals wishing to establish themselves in the United States.
Though the O-1 visa requires a sponsorship by a petitioner, the nature of the employment relationship is extremely flexible. An O-1 petition may be sponsored by a U.S. company for an extraordinary foreign employee, a sports or artistic agent may sponsor the petition on behalf of a foreign athlete or entertainer, or an extraordinary individual may even open their own U.S. company and use it to sponsor themselves for the visa allowing them to enter the U.S. market as entrepreneurs.
The O-1 visa has two subcategories, the O-1A for individuals with extraordinary ability in science, business or athletics, and the O-1B visa for individuals with extraordinary ability in the arts.
O-1 eligibility conditions
To qualify for an O-1A visa, the individual must meet at least 3 of the following 8 criteria:
- Receipt of nationally or internationally recognized prizes or awards for excellence in their field.
- Membership in associations in their field that require outstanding achievements of their members.
- Published material in professional or major trade publications or major media about the individual’s work in their field.
- Participation on a panel, or individually, as a judge of the work of others in the same or an allied field of specialization.
- Original scientific, scholarly, or business-related contributions of major significance in their field.
- Authorship of scholarly articles in their field, in professional journals, or other major media.
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
- Evidence that the individual has commanded a high salary or will command a high salary or other remuneration for services.
The O-1B visa is for individuals with extraordinary ability in the arts, which is defined as any field of creative activity or endeavor. Eligible professions include, but are not limited to:
- Singers
- Actors
- Performers of virtually any type
- Painters
- Graphic designers
- Animators
- Directors
- Chefs
- Fashion designers
- Barbers
- Illustrators
- Photographers
- Interior designers
- Sculptors
The O-1 visa can be approved for a period of up to three years and can be renewed an unlimited number of times.
The O-1 visa can also be an option for non-citizen entrepreneurs to open a US company and come to the United States to operate it, as the beneficiary of an O-1 visa may also legally be the owner of the US petitioning company that petitions their visa.
The guidance of an experienced attorney can significantly increase an applicant’s chances of approval for an O-1A or O-1B visa.
Validity period
An O-1 petition is valid for a period of three years, and can be extended indefinitely in one year increments. Alternatively, a new petition may be filed, which may be approved for a new period of up to three years.
Status of dependents
The spouse and unmarried children under 21 of the O-1 visa holder are eligible for O-3 visas. This will allow them to come to the United States for the same period of time as the O-1 visa holder.
The spouse and children of an O-1 visa holder may live and study in the United States, but may not be employed.
O-1 advantages
- No numerical limit
- No degree requirement
- No renewal limit
- No requirement to first try to recruit US workers
- O-1 visa requirements are similar to EB-1A green card
- Allows for flexible petitioner-employee relationships
- Applicable across many fields
- Can be used for foreign workers to work in their own startup company
- Difficult to obtain, but should be considered for “extraordinary” foreign workers and U.S. companies in need of world-class professionals.
O-1 disadvantages
- O-1 visa does not directly lead to a green card, but due to its similarity to the EB-1A green card, many individuals who first obtain an O-1 visa are later able to obtain an EB-1A green card. The EB-2 National Interest Waiver is also an option, especially for individuals who have an O-1A in a field relating to science or health.
- O-1 visa has high evidentiary standard, only a small percentage of individuals in a field will qualify
- The spouse and children of the O-1 visa holder do not receive work authorization.
Why choose Patriot Immigration for your 01 visa ?
Some of the possible requirements include appearing in major media or trade publications, winning nationally or internationally recognized prizes, serving as a judge of the work of others in the same or allied field, earning a high salary or remuneration in the field, or playing a leading or critical role in a distinguished organization. However, these requirements can be nuanced and often necessitate additional documentation to prove that the foreign worker meets them.
We create a written plan for meeting each requirement and assist the client in developing, formatting, and presenting the evidence to maximize the chances of USCIS approving the petition. Additionally, we work directly with the U.S. petitioner of the visa to develop a job offer that meets both the requirements of U.S. law and the business needs of the petitioner, ensuring that the foreign worker can provide their services to the U.S. employer as soon as possible.
The O-1A and O-1B visas for extraordinary ability are among the most difficult to obtain, and an experienced immigration attorney’s guidance can be invaluable, particularly in gathering and presenting evidence to meet the government’s criteria. Patriot Immigration has experience filing O-1 visas for individuals in various fields in science, arts, athletics, and business, making us well-equipped to obtain O-1 visas across many industries.
How can one obtain permanent residency (Green card), after obtaining an O-1 ?
Three of the most common paths to obtaining permanent residency after while on O-1 status include:
EB-1A Extraordinary ability visa
The requirements of the O-1 temporary work visa and EB-1A green card are extremely similar. In the case of the O-1A visa for extraordinary ability in science, business or athletics, most of the criteria that the two processes have in common are identical. It is very common to first arrive in the United States with an O-1 visa, and thereafter to file for an EB-1A green card.
EB-2 National Interest Waiver
Individuals who have obtained an O-1A visa in a field of business, education, or especially a science, engineering, technology or mathematics (“STEM”) fields will very often have a winnable EB-2 National Interest Waiver case.
EB-2 or EB-3 Labor Certification (PERM)
Individuals who have obtained an O-1 visa can also qualify for an EB-2 or EB-3 green card through a labor certification (PERM), through the U.S. Department of Labor. This requires the U.S. employer to first attempt to demonstrate that there are not qualified and willing U.S. workers for the position.
FAQ | O-1 Visa for Individuals of Extraordinary Ability
What is the O-1 visa?
The O-1 visa is a U.S. temporary work visa for individuals with extraordinary ability in any field, including arts, film, music, science, business, or sports. It allows you to live and work in the United States for a specific project or for a U.S. employer. Additionally, an individual may open a U.S. company and use it to sponsor their own O-1 visa petition, making it an viable option for foreign entrepreneurs.
What is the difference between the O-1A visa and the O-1B visa?
The O-1A visa is for individuals who work in the science, business or athletics (scientists, entrepreneurs, researchers, or athletes, among others) with an exceptional track record. The O-1B visa, on the other hand, is for individuals who work in the arts, which can include artists, actors, directors, musicians, and entertainment professionals, among others. The eligibility criteria for the two are similar, but not identical.
Who can apply for an O-1 visa?
An O-1 visa is open to individuals who can demonstrate national or international recognition of their achievements, such as major awards, publications, jury participation, prestigious collaborations, or high salaries in their field. The application must be made by a U.S. employer or agent, not directly by the applicant. However, an applicant may hire a paid U.S. agent to sponsor their visa, and can even open a U.S. company which can sponsor their O-1 visa, thus making this visa a viable option for entrepreneurs and startups.
How long is the O-1 visa valid for?
The O-1 visa is granted for the duration of the professional project or contract, usually up to 3 years. Once in the United States, O-1 status can then be extended in one-year increments, as long as the collaboration or professional activities continue in the United States. Alternatively, one may file a new 3 year petition when the professional project or initial contract is nearing completion, in lieu of filing one year extensions.
Can relatives accompany the O-1 visa holder?
Yes. Spouses and children under the age of 21 can qualify for the O-3 visa. These visas allow you to live and study legally in the United States for the duration of the O-1 visa, but may not engage in employment.
How much does it cost to apply for an O-1 visa?
The government filing fees for an O-1 visa depends on the number of employees of the petitioner , and whether the petitioner pays a premium processing fee. For petitioners with less than 25 employees, the fee is $830 ($510 base fee + $300 asylum program fee) plus attorney fees if you hire a professional. For employers with 25 or more employees the fee is $1,614 ($1,015 base fee + $600 asylum program fee).
The petitioner may pay an additional fee of $2,805 (Premium Processing Fee), in order the petition to be adjudicated in just 15 business days.
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