O-1 Visa

Introduction

The O1 visa is available to people of extraordinary ability in the field of arts, science, education, business or athletics. You must have achieved a level of expertise indicating that you are among the few individuals who have risen to the very top of the field of endeavor.

O1 Visa Eligibility – It Is Suitable For:

Foreign nationals who have received major prizes or awards or other recognition for outstanding achievements in the field of arts, sciences, education, business or athletics and with a job offer from a U.S. company

Foreign nationals who have produced original scientific or scholarly contributions in the academic fields and with a job offer from a U.S. company

Artists and entertainers of extraordinary ability affiliated with motion picture or television industry U.S. companies to hire foreign nationals with extraordinary ability in the field of arts, sciences, education, business or athletics

O1 Visa Benefits

You can enter the U.S. and accept employment in a position which requires people of extraordinary ability

You do not have to maintain a foreign residence and show intent to return to your home country while applying for the visa

Your dependents can stay with you as long as you maintain your O1 visa status. They can also attend school

You can freely travel in and out of the U.S. provided you have a valid O Visa US

O1 Visa Requirements

1. Criteria For Employer To Sponsor The O1 Visa

To sponsor an O1 visa, your employer must prove that services performed by the O1 visa holder would:

Primarily involve a specific scientific or educational project, conference, convention, lecture, or exhibit sponsored by scientific or educational organizations or establishments or Consist of a specific business project that requires an extraordinary executive, manager, or highly technical person due to the complexity of the project

2. O1 Visa Criteria For Employees

As per the O1 visa requirements, you must have sustained national or international acclaim by receiving major internationally recognized awards such as the Nobel Prize, or provide proof of at least three of the following:

• You have received nationally or internationally recognized awards or prizes of excellence in your field of endeavor
• You are member in associations, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
• Your work has been described in professional or major trade publications, or major media You have participated as a judge, either individually or as a member of a panel, of the work of others in the same or an allied field
• Your articles have been published in professional or major trade publications
• You have made original scientific, scholarly, or business-related contributions of major significance in your field
• You have performed in a leading or critical role for organizations or establishments that have a distinguished reputation
• You command a high salary or remuneration for your services
• or Any other evidence to show your eligibility

O1 Visa Notes

To change the purpose of your visit while you are in the U.S. with an O1 visa application, you must change your visa status.

The information provided here is applicable to New O1 Visa and O1 Extension.

Applying For O1 Visa

You cannot apply for an O1 visa as an individual. A U.S. employer has to sponsor your O1 visa. To sponsor you, the employer must file Form I-129, Petition for a Nonimmigrant Worker, with the Form I-129O/P supplement, and supporting documentation. The petition is submitted to the U.S. Citizenship and Immigration Services (USCIS) Service center with jurisdiction over the location of the job. Once the USCIS approves of the O1 visa petition, you may apply for the O1 visa at an American Consulate overseas.

1. Filing The O1 Petition

An O1 petition is filed on USCIS Form I-129, along with the I-129 O/P Supplement. Your O1 petition documents must include:

1. A written consultation with a peer group in your area of ability
2. A copy of any written contract between you and your employer, or summary of terms of the oral agreement under which you will be employed
3. Copies of evidence that the services to be performed either:
1. Primarily involve a specific scientific or educational project, conference, convention, lecture or exhibit sponsored by scientific or educational organizations or establishments, or
2. Consist of a specific business project that requires an extraordinary executive manager, or highly technical person due to complexity of the project
4. Evidence that you have received a major internationally recognized award, such as a Nobel Prize, or copies evidencing at least three of the following:
1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
2. Membership in associations in the field which require outstanding achievements as judged by recognized international experts
3. Published material in professional or major trade publications or newspapers about you and your work in the field
4. Participation on a panel or individually as a judge of the work of others in the field or an allied field
5. Original scientific or scholarly research contributions of major significance in the field f.Authorship of scholarly articles in the field in professional journals or other major media g.Evidence that you command a high salary or other high remuneration for services
6. Evidence that you have performed in a leading or critical role for organization or establishments that have a distinguished reputation.

If you are overseas, the USCIS will notify the consulate nearest your Place of residence of the approval. You must take the O1 approval notice to the American Consulate to obtain the O1 visa. If you are already in the U.S., you can start working for your employer as soon as you receive the approval with change or extension of status.

2. O1 Visa Premium Processing

You may have your O1 petition adjudicated within 15 calendar days by applying for premium processing. For an additional fee of US $1,440, the USCIS guarantees a prompt decision on your O1 petition. You will receive either an approval notice, a request for further evidence, a notice of intent to deny the petition, or a notice of investigation for fraud or misrepresentation within 15 calendar days from the date you applied for premium processing of your O1 visa. If it fails to respond within 15 calendar days, it will refund the $1,440 fee and continue to process the petition under the expedited process.

3. Applying For O1 Visa At An American Consulate

To apply for the O1 visa, you must furnish the original or a copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

• DOS Form DS-160, Nonimmigrant Visa Application
• A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page
• Passport style photograph showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member
• Other documents included in the O1 petition
• Duration of Stay

There is no limit on the length of your stay in the U.S. You can stay for an unlimited period with one year extensions as long as you continue in the same position or activity for which you were granted O1 visa.

Note: If you terminate employment with the petitioning employer, you will immediately lose O1 status and if the employer dismisses you prior to the date authorized by USCIS, the employer is responsible for your return transportation to your last place of residence outside the U.S.

Spouse and Children

Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for O3 visas.