The steps you and your employer must take when applying for an O1 visa are:
- Your employer files a petition with the USCIS on your behalf.
- You file Form DS-160. This is the electronic application form that everyone who applies for a US visa has to file.
- You pay the O1 visa fees.
- You schedule an appointment for a visa interview with the nearest US mission.
- Gather the required documents.
- Attend the interview at the US Embassy or Consulate and submit the documents.
Full Answer
How do I apply for an O-1 visa?
How to Apply for the O1 Visa?
- Petition at the USCIS. Your employer or agent in the United States must complete and file Form I-129, Petition for a Nonimmigrant Worker to the USCIS , pay the ...
- File Form DS-160. The Form DS-160 is an online application form. ...
- Pay the O1 Visa Fee. ...
- Schedule an Interview. ...
- Gather the Necessary Documents. ...
- Attend the Interview. ...
Can I apply for an O1 visa on my own?
Yes, you can obtain an O-1 visa as an independent contractor. Keep in mind, however, that you are subject to the same requirements as other applicants. According to the United States Citizenship and Immigration Services (USCIS), an O-1 visa beneficiary may not petition for herself or himself.
Can I apply for Premium Processing of O1 visa?
For premium processing of O1 visa application, the O1 petition can be adjudicated within 15 calendar days by applying for premium processing. For an additional fee, the USCIS guarantees a prompt decision on your O1 petition. You will receive either an approval notice, a request for further evidence, or a notice of intent to deny the petition ...
How to complete your visa application form?
Complete the online visa application form, DS-160. The DS-160 is a U.S. Government on-line form and can only be completed at https://ceac.state.gov/CEAC. Each applicant must complete this form before using any services on this website. Return to this website and complete the following application steps to schedule a Consular Section appointment.
Can I apply for O-1 visa myself?
Can I petition for myself? No, an O-1 visa must be submitted by an agent or employer on behalf of the extraordinary ability individual. A foreign national cannot self-petition himself or herself for the visa.
Is it hard to get 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 do I get my O-1 visa?
The steps you and your employer must take when applying for an O1 visa are:Your employer files a petition with the USCIS on your behalf.You file Form DS-160. ... You pay the O1 visa fees.You schedule an appointment for a visa interview with the nearest US mission.Gather the required documents.More items...
How long does it take to apply for O-1 visa?
about 2 weeks to 3 monthsAs stated, current processing times for O1 petitions with USCIS range from about 2 weeks to 3 months. The application process for an O1 visa involves submitting all required supporting evidence, along with the form I-129 and the I-129 O Supplement.
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).
Who can sponsor O-1 visa?
Although the O-1 visa is contingent on you finding employment in the United States, your sponsor does not necessarily have to be your employer. Your sponsor can be your actual employer, an individual who represents you and your employer, professionally, or someone who acts on the behalf of you and your employer.
Is O-1 visa better than h1b?
Advantages of the H-1B Visa as Compared to the O-1 The H-1B visa has one particular advantage: Its threshold ability and education requirement is much lower than for the O-1. The H-1B requires a bachelor's level degree (or its equivalent) in the same specialty that the employer is hiring for.
How many citations do I need for O-1 visa?
There is no magic number as to how many papers or citations in total would be a considered an acceptable number for the O-1A or EB1A.
Is O-1 easier than eb1?
Although the eligibility for O-1 and EB-1 are similar, they are not interchangeable. The requirements for an EB-1 green card are much more intensive than an O-1. Successful EB-1 candidates hold considerable proof that they are at the top of their field.
Is O-1 visa better than h1b?
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 spouse of O-1 visa work?
Unfortunately, O-1 spouses are not permitted to work in the United States. Taking up employment will be a violation of your visa status and may affect your stay, leading to heavy penalties under immigration law. If you want to work, you will need to change your status to a work visa category, such as an H-1B.
How to Apply for the O1 Visa?
The steps you and your employer must take when applying for an O1 visa are :
What is an O1 visa?
The O1 visa for the US is a non-immigrant type of visa, which is issued to foreign nationals who have exceptional abilities or achievements in their field. Because it is aimed at individuals in science, education, or the arts, it is also referred to as an extraordinary ability visa or an artist’s visa.
How Long is the O1 Visa Valid?
Initially, the O1 visa is valid for a maximum period of three years. Then, if you need to be in the US longer, your employer or agent will have to submit a new application, along with:
What is an intracompany transferee visa?
L-1 Intracompany Transferee Visa. This is the type of visa you need to apply for if you will transfer from a foreign company to a U.S-based company, where you will have a managerial or executive position, or have specialized knowledge.
What happens after the visa is over?
After it is over, you will have to wait for the visa to be processed, and you will soon hear about a decision.
What questions do you ask a visa officer?
On the date of your appointment, you have to hand in your documents as well as attend an interview with the visa officer. They will ask you questions about your qualifications, how long you have worked in your field, why it is necessary to go to the US to further your career, and other questions along these lines. The interview is one of the most important aspects of your visa application.
How much does it cost to file an I-129?
The application fee is $460.
What is an O-1 visa?
The O-1 visa is for the individual who has 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.
What is an O-1B?
O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in the 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.
What is an O nonimmigrant?
The O nonimmigrant classification covers several categories: O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including individuals with an extraordinary ability in the arts); O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in ...
How to file for a petition with multiple employers?
How to File. To begin the petition process, your employer or agent must: Provide all required evidence and supporting documentation. If your employer is filing as an agent for multiple employers, they should read the USCIS Policy Manual, Volume 2, Part M , Chapter 3, about required conditions.
Who is an O-3?
O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.
How to apply for O1 visa?
In order to apply for O1 visa you must first go through the U.S. Citizenship and Immigration Services (USCIS). After USCIS approves your O1 visa application, then you can apply for an O1 visa stamp in your passport at the U.S. Consulate or Embassy abroad if you are outside of the United States or you are travelling outside of the United States.
The first step to apply for O1 visa is to file the O1 visa petition with USCIS
The first step to apply for O1 visa is to file the O1 application, Petition for Nonimmigrant Worker, on Form I-129 with USCIS together with the necessary supporting documents and the supplement to Form I-129 for O1 visa. You can access the form here.
Talented foreign individuals and entrepreneurs with extraordinary ability or achievement may be able to sponsor an O1 visa through their own U.S. companies
In limited situations, talented foreign entrepreneurs who have extraordinary abilities or achievement and have the ability to invest capital in their own U.S. company may be able to self-petition for an O1 visa with USCIS through their own company.
A Labor Condition Application is not required from the Department of Labor to apply for O1 visa
The O1 visa application does not require a U.S. employer or agent to get an LCA from the Department of Labor when filing an O1 petition with USCIS. This simplifies and shortens the process to apply for an O1 visa by cutting the processing time by approximately 6 months while also removing the burden on the U.S.
The second step is to apply for the O1 visa at the U.S. Consulate or Embassy abroad and go for an interview, if USCIS approves the O1 visa petition
If you are in the United States and requested a change or extension of O1 visa status when your U.S.
How can Malescu Law assist?
Our experienced business and immigration lawyers in Miami, Florida USA can assist with how to apply for O1 visa, case evaluation, planning and strategy and the O1 visa process. If you believe you may qualify for a business visa for the US, contact us today to discuss the US visa options for your circumstances.
How to get an O1 visa?
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.
What documents are needed to apply for an O1 visa?
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:
How long does it take to get an O1 petition adjudicated?
You may have your O1 petition adjudicated within 15 calendar days by applying for premium processing.
What is the form for O1?
An O1 petition is filed on USCIS Form I-129, along with the I-129 O/P Supplement. Your O1 petition documents must include:
How old do you have to be to get an O3 visa?
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.
Can I apply for an O1 visa as an individual?
You cannot apply for 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 ...
What is an O1 visa?
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.
Do you have to maintain a foreign residence to get a visa?
You do not have to maintain a foreign residence and show intent to return to your home country while applying for the visa
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 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.
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 O1 Visa?
The O1 visa is a work visa for highly accomplished individuals in a variety of specific fields.
How long does it take to get an O1 visa?
O1 visas are typically processed by the USCIS in two to three months. However, O1 applicants have the option of paying for faster processing. Premium processing costs $1,225, and your application will be processed within 15 days. You will receive an approval or denial notice once your application has been processed.
How long is an O1 visa valid?
How Long is the O1 Visa Valid? O1 visas are initially valid for a 3 year period. Once 3 years passes, O1 visa holders can extend their visa for 1 year an indefinite number of times. To be eligible for an extension, though, your employer must demonstrate to the USCIS that your employment is still needed.
What is the form for a nonimmigrant visa?
All individuals applying for a nonimmigrant visa must submit a Form DS -160 detailing your personal information and the reason for your visit. Once you submit the form, you will receive a confirmation code.
How to prepare for an O1 visa interview?
If any of your answers are incorrect — intentionally or not — then your application is at risk of rejection. Practice with your spouse, and make sure your spouse is prepared as well if he/she must participate in the interview. If you’ve made it this far in the application process, then as long as your answers are truthful you have an excellent shot of obtaining an O1 visa .
What happens at an O1 interview?
At your O1 interview, the embassy will record your biometrics and you will have to pay any remaining fees.
How much does it cost to get an O1 visa?
Applying for an O1 visa also involves a $190 filing fee. There may be other fees involved, depending on your country of origin. You will also need to keep the receipts from your filing payments since they will be used later in the application process.
