O-1 Visa
This Visa was created for applicants with extraordinary abilities in the sciences, arts, business, education, athletics, or motion pictures, and their support staff. These applicants initially competed for H-1B visas, until the O visas created in 1990 for them specifically.
Who qualifies?
- The beneficiary does NOT need to come from a treaty country, like applicants for E visas.
- Often, your employer will file for the O visa, naming you as their beneficiary. This functions much like an H-1B visa.
- The O visa holder must have their extraordinary abilities in sciences, arts, education, business or athletics and be able to demonstrate this through sustained national or international fame.
- There are different classes of O visa: O-1A which applies to people with extraordinary ability in science, business, education or sports; and O-1B visa for people with extraordinary ability in the arts, including television or motion pictures.
- The visa holder must be coming to the United States specifically to work in their field.
- The Department of Homeland Security must determine that this “extraordinary ability” involves a level of expertise that the visa holder is a one of a small number of people who can do what they do. Their level of distinction or accomplishment must be well known.
- An O-1 visa’s team or support staff can qualify for O-2 visas if they provide essential support.
- O-3 visas are granted to qualifying applicants who are the spouses or minor children of O-1 or O-2 visa holders.
- O-1 visa applications are strengthened by being able to document things like awards or prizes for excellence in the field, membership in exclusive associations, published articles about achievements, scholarly work, high salary, and other criteria. This list is not exclusive and you should contact VISAS-USA if you believe you may qualify.
What are the benefits of an O-1 Visa
- Unlike H-1B visas there is no cap on the number of O visas granted. It is available to anyone who meets its criteria.
- An O visa is typically granted for three years and can be renewed in one year increments, as long as the visa holder maintains eligibility and the extension is necessary. This can be done without limit.
- The O visa, like the H-1B however, is dual intent, meaning an O visa holder can simultaneously apply for a Green Card.
O1 Visa Fees
- Filing Fee – Regular $460
- Filing Fee – Premium $2,960
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"I am indebted to VISAS-USA for their great work in getting my O Visa."Karina Vence, Dinastia Market
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"The VISAS-USA team did everything possible to get my Permanent Residency through a National Interest Waiver application."Jorge Becerra, Piloto
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"The advice of VISAS-USA was essential to establish the best strategy to achieve it."Facundo Bermejo, eVent Medical
Frequently Asked Questions
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O-1 FAQ
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How do I prove my talent or extraordinary abilities in the motion picture or television industry?
1. Evidence that you have been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award or
2. Evidence that you have:
- a. Performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
- b. Achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications
- c. Performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
- d. Records of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications
- e. Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements or
- f. Commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence
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How do I prove my talent or extraordinary ability in the arts or music?
You must submit the following:
1. Evidence that you have been nominated for, or have been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award, or
2.Evidence that you have:
- a. Performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements
- b. Achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications
- c. Performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials
- d. Records of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers
- e. Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which you are engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of your achievements
- f. Commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence
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How do I prove my talent or extraordinary abilities in a non-artistic field?
You must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise. The following are helpful:
1.Receipt of a major, internationally recognized award, such as the Nobel Prize, or
2. At least three of the following criteria:
- a. Documentation of receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- b. Documentation of membership in associations in the field for which classification is sought. The membership must require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
- c. Published material in professional or major trade publications or major media about your work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation
- d. Evidence of participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought
- e. Evidence of original scientific, scholarly, or business-related contributions of major significance in the field
- f. Evidence of authorship of scholarly articles in the field, in professional journals, or other major media
- g. Evidence that you have been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation
- h. Evidence that you have either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence
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What do I need for a successful O-1 petition?
You need, among other things:
Copies of any written contracts between you and your sponsor or employer.
Detailed explanation of your events or work in the U.S., the dates for these events, and a copy of your itinerary
A written advisory opinion
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Do I need an advisory opinion for the O-1 petition?
Yes, you must have an advisory opinion from a peer group or organization that is involved in your area of special ability. These groups exist and supply such opinions for a fee.
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Is the O-1 visa open to premium, or expedited processing?
Yes, the USCIS has instituted a program called Premium Processing. For extra fees, you will receive an answer within fifteen days.
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Do I need a sponsor or employer for an O-1?
Yes. Your sponsor or employer needs to petition for your visa.
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Can I travel internationally with O-1 visa?
Yes, there are no restrictions.
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How long does an O-1 visa last? Can it be extended?
You may stay in the U.S. so long as is necessary to complete your work, with an initial limit of three years. Extensions are granted in increments of up to one year at a time, and there is no limit to the number of extensions that an O-1 visa holder may receive as long as they continue to meet the eligibility criteria.
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What can I do with an O-1 visa?
Travel freely throughout the duration of the visa
Bring your essential support personnel to the U.S.
Bring your dependents to the U.S.
Apply for permanent residence while in valid O status
Work at any event, show, or production for which you have been approved
Work for multiple employers
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What is the O-1 visa?
This is a nonimmigrant visa which allows foreign nationals with extraordinary ability or talent in one of the following categories to enter into the U.S. for work in their field:
Science, education, business, and athletics
Arts and Music
The motion picture or TV industry
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