Visa-Faq.com

who can apply for o1 visa

by Nigel Boyer V Published 2 years ago Updated 1 year ago
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Some of the things that can qualify you for an O-1 visa include:

  • An Olympic gold medal or other major athletic award
  • A national-level scientific award
  • Membership in an organization with very high standards
  • An article written by you or about you in a major publication
  • Acted as a judge and evaluated the work of others in your field
  • A significant accomplishment in the fields of science, scholarship, or business

More items...

Full Answer

How do I apply for an O-1 visa?

How to Apply for the O1 Visa?

  1. 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 ...
  2. File Form DS-160. The Form DS-160 is an online application form. ...
  3. Pay the O1 Visa Fee. ...
  4. Schedule an Interview. ...
  5. Gather the Necessary Documents. ...
  6. 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.

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Who can file for 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 ...

Is it hard 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.

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.

Can I apply for O-1 visa without sponsor?

Unlike some other visas, in which the person petitioning for the visa is the immigrant himself, the O-1 visa for extraordinary ability requires that a sponsor petition U.S. Citizenship and Immigration Services (USCIS).

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 get O-1 visa without degree?

The O-1 visa only accommodates "extraordinary" people or those that have risen to the top of their respective fields. Other visas only require a college degree as a minimum. But O-1 applicants usually have years of experience in their fields, doctorate degrees or prestigious award related to their work.

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).

How long O-1 visa takes?

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.

What is high salary for O-1 visa?

Due to the nature of these fields, wages and salaries may fluctuate throughout the course of their careers. One client may be anticipating $12,000 per year whereas another may be expecting 1 million dollars. The government knows this and therefore there is no minimum salary requirement for O-1 visa applicants.

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.

How long does it take to get an 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 a 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).

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 long is an O-1 visa good for?

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.

How to Apply for the O1 Visa?

The steps you and your employer must take when applying for an O1 visa are :

Can I Get a Green Card With an O1 Visa?

Since the O1 visa is a non-immigrant visa, it does not lead directly to a Green Card. However, what you can do is switch to an EB-1 visa, which is a Green Card for persons with extraordinary abilities in their field.

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 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 ...

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-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.

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.

What Requirements for an O1 Visa Candidates Have to Fulfill?

It is among the many types of visas that accommodate individuals who wish to work in the United States on a temporary basis. However, not all people who have these goals qualify for an O-1 visa.

How much does an O-1 visa cost?

Compared to other non-immigrant visas, the O-1 visa is fairly inexpensive. As the petitioner, you are accountable for the $460 standard filing fee for the I-129 petition and the $190 fee for the DS-160 online application (if you are outside the US and are going through consular processing only). Furthermore, you can decide to pay $1,440 for premium processing to have your I-129 processing time sped up to just 15 calendar days.

What does testimonials mean in a beneficiary?

Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements

What is an O1 visa?

The O1 visa is for foreign nationals who have a proven record of extraordinary ability in the sciences, education, business, or athletics, while the O-1B is for those with a proven record of extraordinary ability in the field of arts or extraordinary achievement in the motion picture or television industry. In order to qualify for one of these visas, you must be able to prove your extraordinary ability or accomplishments and national or international acclaim in your field of endeavor with thorough documentation.

How long does it take to get an O-1 visa?

The USCIS typically processes O-1 visa petitions in a period of 2 to 3 months, which is fairly quick when compared with other visa classifications. The processing time mostly depends on how busy the center where you submitted your application is. However, external factors (for example, the COVID-19 pandemic) can lead to slower processing times, so you may want to prepare for a delay in your application timeline.

What is a letter of recommendation for O-1?

Letters of recommendation play a crucial function in the O-1 visa application process. They show that you have, in the federal government’s words, “Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which you are engaged.”

What does an O1 visa letter indicate?

According to the USCIS, these letters must “clearly indicate the author’s authority, expertise, and knowledge of your achievements.” Since not everyone is familiar with the suggested format of an O1 visa recommendation letter, we suggest looking at this recommendation letter sample from Columbia University.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What is the evidence for a major commercial or critically acclaimed success?

evidence that the applicant has a record of major commercial or critically acclaimed successes (as evidenced by title, rating, standing in the field, box office receipts, motion pictures, or television ratings) and other occupational achievements reported in trade journals, major newspapers, or other publications.

What is evidence of a distinguished reputation?

evidence that the applicant has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials.

What is required to get an O-1 visa?

To meet the O-1 visa standards, the applicant must be able to show extraordinary ability and receipt of sustained national or international acclaim for it. This can be demonstrated if the person has gotten a major internationally recognized award, such as an Olympic medal or a Pulitzer Prize, or has accomplished at least three of the following:

What is an O visa?

Short-term employment visas are available to certain foreign-born people doing specialized work in the U.S. , including the O visa for outstanding workers in the sciences, arts, athletics, education, or business.

How long can an O visa be granted?

O visas will be granted for the length of time necessary for a particular event, up to a maximum of three years, with unlimited extensions in one-year increments.

What is the eligibility criteria for a short term work visa?

work visas available to people with job offers to do outstanding work in the sciences, arts, athletics, education, or business.

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 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 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-1B?

O-1B – individuals with extraordinary ability in the arts (not including motion picture/TV) must show they are prominent in their field of endeavor.

What is the phone number for Hispanic immigration?

Our legal team also includes a Hispanic immigration attorney who can help you in your own language. Call our Immigration Law Firm today during office hours at (407) 674-6968 and we will be glad to help you. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly.

What is evidence of a beneficiary?

Evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least (3) three of the following:

What is critical employment?

Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation. For this criteria, an individual must have played an extremely important role for the company in question.

What is considered other remuneration?

“Other remuneration” can include remuneration in almost any form as long the value of it can be determined, for example, a business executive that is paid a modest salary but is also paid in company shares with a very high value could qualify under this criteria.

What is considered a major publication in a newspaper?

Any article in a well-known newspaper that talks about the individual and their work in the field will qualify, even short articles. A tricky aspect of this criteria is proving that the newspaper, magazine, website, etc. was a “major publication.” Unless the newspaper is particularly well known, one may have to present circulation numbers from an audit bureau, website traffic information or other proof in order to prove that the publication is “major.”

What is membership in an association?

Membership in associations in the field for which classification is sought which require outstanding achievements , as judged by recognized national or international experts in the field. For this criteria, an individual must be a member of an association that will only admit individuals of high achievement in the field.

How many criteria are there for an O-1B visa?

An individual must meet 3 of the 8 criteria for the O-1A visa, or 3 of the 6 criteria for the O-1B visa to qualify as an individual of “extraordinary ability,” or alternatively have won a major internationally recognized award. The criteria as summarized by USCIS are as follows:

What Is the O-1 Visa?

The O-1 visa is a temporary work permit for those with extraordinary talents or skills. It's an easy visa to get, but only if the job is set up ahead of time and the person doing the job has special skills that the position needs.

Who Sponsors an O-1 Visa?

To get an O-1 visa, you need a U.S.-based agent, because foreign individuals can't petition for themselves. This agent can be a U.S. employer, a foreign employer working with a representative in the U.S., or a person who represents several employers. This last option lets someone who works on contract or commission work in the United States without being a traditional employee. In fact, a U.S. agent is the only way for multiple employers to petition together instead of separately.

How Does the O-1 Visa Work?

The O-1 visa offers a lot of permissions you can't always count on otherwise. With this visa , you can live and work freely in the United States, at least as long as you stick with one job and keep up your relationship with your sponsor. You can also study as a part-time student if you want.

How Long Does an O-1 Visa Last?

An O-1 visa can be very short, or it can keep going indefinitely. It all depends on what the job is that the applicant wants and how long that job will last.

What happens if an O-1 visa ends?

Also, if the O-1 visa ends because the job does, the employer has to pay for the visa holder to go back home unless the holder resigns. Another distinction is that O-1 visas apply to almost every profession.

How long does it take to get a visa for a spouse?

You should also expect the process to take six to seven months, so plan with that in mind.

How long does it take to get an O-1 visa?

The employer or U.S. agent is responsible for legal and filing fees for the petition, but the visa applicant is responsible for visa fees and dependent costs like moving the spouse and children. You should also expect the process to take six to seven months, so plan with that in mind.

Who Can Sponsor You?

Even though the O-1 is technically an employment-based visa, your sponsor does not necessarily have to be your employer. Your sponsor can also be an O-1 visa agent, which is defined as the following:

What is an O-1 visa?

The O-1 is a special nonimmigrant visa for those foreign nationals that can be classified as extraordinary. Part of the extraordinary nature of this visa is that you can have an O-1 visa agent represent you, provided some criteria are met. This post will help you better understand the rules surrounding an O-1 visa agent whether you are a beneficiary looking to hire an agent or someone who wants to become an agent themselves.

What is an O-1 visa lawyer?

Our O-1 visa lawyers specialize in helping extraordinary people immigrate to the U.S. We will not only give you expert advice on the kinds of evidence you need to submit, but we’ll also handle your filing and address any obstacles that might come up along your journey.

What must an itinerary include?

You must include an itinerary that includes all of the events and activities that the beneficiary will take part in while in the U.S

What is the O-1B subcategory?

O-1B: This subcategory is for those that have achieved the extraordinary in art, film, or theater. You can qualify by showing that you have at least three of the following achievements.

What does "professionally represents you" mean?

Someone who professionally represents you and your employer

What is an O-1A award?

O-1A: This is for those that can demonstrate extraordinary achievements in science, business, athletics, or education. A well-recognized international award such as a Nobel Prize or Olympic medal. A less well-known award that is nationally or internationally recognized.

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