1. What is an O-1 visa?

An O-1 visa is a non-immigrant visa issued by the U.S. government that allows an individual with extraordinary ability in the sciences, arts, education, business, or athletics to come to the United States to work temporarily. The individual must demonstrate a sustained record of extraordinary achievement and recognition in their field.

2. Who qualifies for an O-1 visa?

The O-1 visa is available for individuals who demonstrate extraordinary ability in their field of work. This includes professionals such as athletes, scientists, artists, and business executives. To qualify for the O-1 visa, applicants must provide evidence of sustained national or international acclaim and recognition in their field. This could include awards, research publications, or media coverage. Additionally, applicants must prove that their accomplishments have been recognized in the United States.

3. Are there any specific work-related criteria for an O-1 visa?

Yes, an O-1 visa is reserved for those who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. The individual must also be coming to the United States to continue to work in their field of extraordinary ability.

4. What types of evidence are needed to prove extraordinary ability for an O-1 visa?

There are nine types of evidence that can be used to prove extraordinary ability for an O-1 visa:
1. Receipt of a major internationally recognized award, such as a Nobel Prize.
2. Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts.
3. Published material about the alien in professional or major trade publications or other major media.
4. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or in an allied field of specialization.
5. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
6. Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media.
7. Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
8. Evidence of the alien’s high salary or other remuneration for services as evidenced by contracts or other reliable evidence.
9. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

5. How long can I stay in the US with an O-1 visa?

Typically, an O-1 visa allows a foreign national to stay in the US for up to three years with the possibility of extension. The exact length of stay is determined by the US Citizenship and Immigration Services (USCIS) based on the individual’s visa application.

6. Can I bring my family members with me to the US with an O-1 visa?

Yes, your family members can accompany you to the US on an O-3 visa. The O-3 visa is for family members of O-1 visa holders and allows them to travel to the US and stay with the principal O-1 visa holder. They are not allowed to study or work in the US, however.

7. What are the fees associated with an O-1 visa application?

The filing fee for the Form I-129, Petition for a Nonimmigrant Worker, is $460 and the fee for the Form I-129 Supplement 1 is $700. Additionally, biometric services fees may apply.

8. Do I need to provide an employer with proof of my extraordinary ability in order to qualify for an O-1 visa?

Yes, you must provide evidence of your extraordinary ability in the form of awards, published material or media coverage, evidence of commercial success, or proof of membership in associations that require outstanding achievement to become a member.

9. Can I transfer my O-1 visa to a different US employer?

Yes, you can transfer your O-1 visa to a different US employer. However, you will need to submit a new Form I-129, Petition for a Nonimmigrant Worker, with the new employer, and you may have to go through the entire O-1 visa application process. Your original O-1 visa will remain valid until the new petition is approved.

10. Are there any restrictions on the type of activities I can perform while on an O-1 visa?

Yes, although the O-1 visa is designed to allow holders to engage in activities related to their field of expertise, there are certain restrictions on the type of activities a visa holder is allowed to perform. For example, an O-1 visa holder may not work for a different employer than the one specified on their approved petition or engage in activities that are not related to their field of expertise. Additionally, an O-1 visa holder may not engage in activities that would be considered unauthorized employment.

11. How far in advance must I apply for an O-1 visa?

You must submit your O-1 visa application at least 45 days in advance of the date you intend to start working in the United States.

12. What happens if my O-1 visa application is denied?

If your O-1 visa application is denied, you may be able to appeal the decision or reapply. It is important to consult with an immigration attorney to discuss your options.

13. Can I renew my O-1 visa after it expires?

Yes, you can renew your O-1 visa after it expires, provided that you meet all the requirements for eligibility. You must submit a new O-1 petition and supporting documentation to the U.S. Citizenship and Immigration Services (USCIS).

14. How will US Citizenship and Immigration Services (USCIS) determine if I meet the standards of extraordinary ability?

USCIS officers will evaluate your qualifications and evidence to determine if you meet the standards of extraordinary ability. The evidence you submit must demonstrate that you possess sustained national or international acclaim and have achieved extraordinary accomplishments in your field of endeavor. Examples of evidence that USCIS may consider include awards, media articles, membership in professional associations, licenses or certifications, high salary or other remuneration for services, or other recognition for achievements.

15. What happens if I don’t renew my O-1 visa before it expires?

If you do not renew your O-1 visa before it expires, you will have to leave the United States. To re-enter the US with an O-1 visa, you will need to reapply.

16. Can I change jobs or employers while on an O-1 visa?

Yes, you can change jobs or employers while on an O-1 visa. However, you must make sure that the new job is related to the field of extraordinary ability that you were approved for in your original O-1 petition. You must also make sure that the new employer files a new Form I-129 petition with USCIS.

17. What is the difference between an O and a P visa?

An O visa is a non-immigrant classification used by the United States government to allow foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics to enter the country for a temporary period of time.

A P visa is a non-immigrant visa category for foreign nationals who are coming to the United States temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

18. Can I work for multiple employers while on an O-1 visa?

Yes, you can work for multiple employers while on an O-1 visa, as long as each employer files a separate O-1 petition and the activities performed are related to the approved O-1 petition. It is important to note that time spent working for a new employer must be approved by the original employer and the USCIS before beginning work.

19. Can I adjust my status to permanent residence while on an O-1 visa?

Yes, you can adjust your status to permanent residence while on an O-1 visa. You can do this by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you are approved for permanent residence, you will become a lawful permanent resident of the U.S.

20. Is there any way to expedite the processing of my O-1 visa application?

Unfortunately, no. The processing times for O-1 visas are determined by the U.S. Department of State’s Visa Office and cannot be expedited.