How do I get an O-1 visa for the US?
To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
How much does it cost to expedite O-1 visa processing time?
If 2-3 months is too long of a time to wait for your petition to be processed, the USCIS has an optional feature to expedite the O-1 visa processing time. With premium processing, those 2-3 months will be shortened to 15 calendar days for a fee of $1,440.
How long does it take to get an O-1 visa after interview?
With premium processing, those 2-3 months will be shortened to 15 calendar days for a fee of $1,440. So, when you add it together, the O-1 visa processing time is anywhere between 15 days and 3 months depending on whether you go through an interview or if you opt for premium processing.
What is the difference between O1b and O2 visa?
O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry; O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.
How difficult is it to get an O-1 visa?
The approval rate for O-1 visas is quite high and generally between 80% and 95%, depending on the service center.
How fast can you get O-1 visa?
About 2-3 MonthsI-129 Petition Filing and Processing: About 2-3 Months The petition must be submitted together with evidence to prove you meet the requirements for the specific subcategory of O-1 visa you are applying for. The I-129 can take anywhere from 2-3 months depending on the service center that processes your petition.
Is O-1 visa prestigious?
The O-1 visa is one of the most prestigious nonimmigrant visas available. Because of this, the USCIS evaluates each case under very stringent rules.
Can O-1 visa be denied?
However, if your petition passes the first prong, it will be taken under closer scrutiny to be evaluated a second time to determine if you have maintained the qualifications to keep your O-1 visa. If your petition fails this stage, it will likely be denied, which will require more intensive measures to overcome.
How much does an O-1 visa cost?
The standard processing fee of an O1 visa is $460. If you opt for premium processing, you will have to spend an additional $1,410 on top of the standard fee. The USCIS holds the right to either approve or deny your case. It can also ask for additional evidence (RFE).
Is O-1 visa better than H-1B?
The H-1B visa is a good fit for foreign nationals in the early to mid-stages of their careers who hope to expand their experience by working in the U.S. The O-1 visa, on the other hand, is generally suited for people who have already advanced in their profession.
Can I sponsor my own O-1 visa?
Typically, an O-1 visa requires an employer, who is not the applicant, to sponsor them. However, entrepreneurs can petition for themselves if they own the company that acts as the petitioner.
How many O-1 visas are issued each year?
Number of visas issued by yearYearNumber of O-1 visas issuedTotal2012105901834320131235922080201412706224302015138652368015 more rows
Is O-1 visa tied to a company?
The O-1 Visa is Transferable Between Employers While it's understandable that some employment situations do not work out, in order to legally switch employers, the foreign national would need the prospective employer to file an O-1 Change of Employer Visa petition on behalf of the beneficiary.
Do you need a job offer for O-1 visa?
Qualification Criteria for an O-1 Visa or Status. O-1 visas are available to people who have not only a job offer in the U.S., but proven extraordinary ability in the sciences, arts, education, business, or athletics.
Does O-1 visa need sponsorship?
To demonstrate that you have extraordinary ability, you must provide proof that you have sustained national or international acclaim or a record of extraordinary achievement. Because the O-1 visa is a temporary work visa, it requires the applicant to have a sponsor for the petition.
How long is O-1 visa valid?
three yearsThe O-1 visa may be valid for an initial period of three years and may be extended indefinitely in one-year increments. J-1 visa holders may be able to obtain an O-1 visa even if they are subject to the two-year home residency requirement.
What is the benefit of O-1 visa?
An important benefit of O-1 status is that it is a viable status to seek for immigrants with alien status subject to the two-year foreign residency requirement of the J-1 exchange visitor program.
Who can get an O-3 visa?
The O-3 visa is available to the spouse and unmarried minor children of O-1 and O-2 visa holders.
What are 0-1 Visa Requirements?
employer, or a foreign employer through an agent of the U.S. on behalf of the beneficiary. The O-1 visa is a dual intent visa, which means the beneficiary can concurrently pursue permanent resident status while in the U.S. on O-1 without having to worry about preconceived intent issues. The O-1 visa is for outstanding workers in the sciences, arts, athletics, education, or business. A job offer from a U.S. employer is a basic requirement for the O-1 visa. There is no annual limit on the number of people who can receive O-1 visas.
What is the difference between an O-1 and an EB-1?
O-1 is a non-immigrant status or visa while an EB-1 (a) (Alien of Extraordinary Ability) is a petition of immigration under EB-1 category . I’m currently at J-1 status and subject to the two years residency at home obligation.
How long can an O visa be valid?
As an O visa nonimmigrant, the beneficiary may be admitted to the United States for the validity period of the petition for up to three years. The beneficiary may be admitted to the United States for a period of up to 10 days before the petition validity period begins and up to 10 days after the validity period ends but the beneficiary may only engage in authorized employment during the validity period of the petition and not during the 10-day periods. There is no maximum overall time limit in which the O visa holder may remain in O status as there are for some other temporary visa categories, but extension requests must be file timely if an O visa holder intends to remain inside the United States in O visa status.
How long can a beneficiary be granted an extension of stay?
If an extension of stay is filed by a new employer or by the same employer but for a new position, the beneficiary may be granted an extension of up to three years.
What to do before filing an O-1?
Prior to employer filing the O-1 petition, get an advisory opinion from a suitable consulting individual , such as a labor organization, peer group, or management organization. The advisory opinion should state whether an applicant is capable as an alien of extraordinary ability and whether such abilities are essential for the activities assumed. In certain cases, an advisory opinion may be waived or met by proof that such an opinion isn’t available.
What is an O-1 Visa?
O-1 visas are non-resident US work visas for individuals who demonstrate outstanding ability in their field, whether it be arts, the motion picture or television industries, sports, business, education, or the sciences. If done the right way, you can obtain an O-1 visa by proving you have risen to the top of your profession.
Benefits of Having an O-1 Visa
With an O-1 visa, you may enter the US and accept an employment position requiring an individual of exceptional ability in your field. You are not required to maintain a foreign home or show intent to return to your home country while applying for the O-1.
Applying for the O-1B visa
The O-1B visa is meant for individuals with exceptional talent in the arts, motion picture, or television industries. However, the process and requirements for this visa will vary depending on whether or not you are part of the motion picture and television industry.
Application Process for the O-1 Visa
If you meet the criteria for the O-1 visa, then you can begin preparing your application.
The Approval Process
When your petition has been approved, you can apply for an O-1 visa at the US consulate in your home country.
How to Obtain an O-1 Visa: Summary
Obtaining an O-1 visa might seem like a complex, lengthy, and expensive process. While that’s probably true, it should pay off if it’s the most logical fit for your needs.
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How long does an O-1 visa last?
O-1 visas are initially granted for an initial period of three years. After that, you will need to get an extension on your visa in intervals of one year each. Fortunately, there is no limit to the number of extensions you can receive.
What is the O-1 Visa Processing Time?
Overall, the O-1 visa processing time is relatively short. There’s no need to wait for a Labor Certification Application nor are there specific dates that one must adhere to. The following is the breakdown and the estimated processing time for each stage of the O-1 visa application:
When Can I Apply for an O-1 Visa Extension?
The USCIS recommends that the application for nonimmigrant visa extension be submitted at least 45 days before the expiration of your authorized stay. Early application will help guard against having your status expire while the extension is still pending.
What is the most difficult visa to get?
The O-1 visa is one of the most difficult visas to obtain. In order to be considered eligible, you must fall into one of the following categories:
How long does it take to get a visa interview?
While there are several steps leading to the visa interview which is the last stage of the application, fortunately, the interview itself can take as little as 20 minutes. After the visa interview, you will most likely receive a decision on your application. If the embassy grants you a visa, you can begin your travel plans and enter the United States to start working for your employer.
How long does it take to get an I-129 visa?
This all should be submitted along with the petition between 45 days and one year before your work in the U.S. begins. Once the I-129 petition is approved, you may be asked to go to a U.S. consulate or embassy for a one-on-one interview. Even if the petition is approved, the immigration officer at the embassy still has the ability to deny the visa.
What is an O-1B?
O-1B: this is meant for individuals that have achieved the extraordinary in the arts, movies, or television. This includes world-renowned painters, musicians, and actors.
How to qualify for an O-1 visa?
To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
What is an O-1 visa?
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
How to change employers on O-1?
If you are an O-1 nonimmigrant in the United States and want to change employers, the new employer must file Form I-129 with the USCIS office listed on the form instructions. If an agent filed your original petition, your new employer must file an amended petition with evidence showing they are your new employer and a request for an extension of stay.
How long do I have to file an I-129?
Your employer or agent cannot file your Form I-129 more than one year before the artist or athlete will begin employment. To avoid delays, your employer or agent should file your Form I-129 at least 45 days before the date of employment .
What is an O-1B?
The O nonimmigrant classification are commonly referred to as: O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry); O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture ...
How long can an O nonimmigrant stay in the US?
As an O nonimmigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. You are only authorized to work during the validity period of the petition.
Who should file an I-129?
A U.S. employer, U.S. agent, or foreign employer through a U.S. agent should file (see Form I-129, Petition for Nonimmigrant Worker) on your behalf, along with the required evidence according to the form instructions.
O-1 Visa Process
O-1 visas are available for those who demonstrate extraordinary ability in their field. They are reserved for those individuals who have shown outstanding achievements. Applying for an O-1 visa is not any easy process.
An Immigration Attorney Can Help
A typical O-1 visa application involves extensive documentation proving someone’s extraordinary ability. You may become frustrated by the process and gathering the necessary evidence. However, an experienced immigration attorney can help you put together the most complete application you can in order to pursue the best possible results.
Consult With Serving Immigrants
If you are considering applying for an O-1 visa, you should consult with an experienced immigration attorney. At Serving Immigrants we have extensive O-1 visa experience and can help you through the process. Contact us online or call us at (305) 907-6151 to schedule a strategy session.