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. You can find it at the Consular Electronic Application Center website.
- Pay the O1 Visa Fee. Everyone who applies for a US visa must also pay a visa fee. Because the O1 visa is petition-based, the application fee is $190.
- Schedule an Interview. After you complete the Form DS-160, you have to schedule an appointment at the US Embassy. ...
- Gather the Necessary Documents. You must gather the necessary documents for your O1 visa application in the time between scheduling the interview and the actual date of the appointment.
- Attend the Interview. On the date of your appointment, you have to hand in your documents as well as attend an interview with the visa officer.
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.
How do I get 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.
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 O-1 visa easy to get?
The approval rate for O-1 visas is quite high and generally between 80% and 95%, depending on the service center.
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.
Can you apply for O-1 visa without a lawyer?
Unfortunately, you can't file for an O-1 visa on your own. Someone must file a petition for you. They must complete Form I-129 and file the petition with U.S. Citizenship and Immigration Services (USCIS).
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 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.
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.
Does O-1 visa lead to green card?
Unlike most temporary US work visas, the O-1 visa offers holders a path to a Green Card. You can do this by making an application to change your status from O-1 to permanent resident, provided you meet the Green Card eligibility requirements.
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.
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.
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 ...
What is an itinerary for a petition?
Itineraries. The petitioner must provide an explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable. The petitioner must establish that there are events or activities in your field of extraordinary ability for ...
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.
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 has Trump affected O visas?
One of the ways the Trump Administration has affected the O visas is through the Buy American Hire American memo to USCIS. Generally, this has resulted in higher scrutiny for all visa types across the board including the O1 / Artist Visa. Another way Trump has affected the O1 / Artist visa application is the lack of deference to prior approvals. In the past, USCIS would give preference to people who were already approved for the visa initially and were currently trying to apply for a new term of an employment. However, with this new immigration memo, no such deference is to be given an all applicants are to be treated the same. Some of our clients have been approved despite applying under the Trump Administration. Check out their O1 / Artist Visa success stories here.
What is an artist visa?
An Artist Visa or the O-1B extraordinary ability visa allows actors, singers, dancers, and all other artists the ability to come to the United States to work. If you are already in the process on working on your case, you might want to check out our Top Tips to Filing an O1 / Artist Visa Application.#N#If you are interested in applying for the O1 / Artist Visa, the first thing you should know is that you cannot actually apply for the O1 / Artist visa yourself. You we’ll need someone to apply on your behalf, and this person is known as the petitioner.
How long does an artist visa last?
Immigration typically grants the O1 / Artist visa for a maximum of three years. However, you have to prove that you will be working consistently in your field for that period of time by providing an itinerary and relevant contracts.
Can an O1 artist work for multiple employers?
One of the wonderful things about the O1 / Artist visa is that if applied for correctly, the beneficiary will be able to freelance and work for multiple employers. The way this works is the O1 / Artist Visa beneficiary needs an Agent to represent them as a "go-between" them and the employers. A U.S. Agent may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent. Usually it is the sponsor who ends up being the beneficiary's agent. In order to make this work, specific requirements must be followed in order for the beneficiary to work for multiple employers.
Can an O1 artist work in the US?
The O1 / Artist Visa beneficiary is only allowed to work in their area of extraordinary ability. This means that if they applied as an actor, they will only be allowed to act. Other types of employment such as working at a bar or restaurant is not allowed and will be considered a violation of their visa status. However, there are other examples that are not so clear cut. For example, if you applied as an actor but have been asked to perform at a children's birthday party as a character performer. Would that be allowed? The short answer is 'It Depends". Every O1 / Artist Visa Application should include a detailed job description. So depending on how are you craft the job description it is possible that such employment would be allowed.
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.
