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O-1 Visa:Complete Guide to the O-1 Visa
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O-1 Visa Overview:
Extraordinary Ability Explained
The O-1 Visa: Individuals with Extraordinary Ability or Achievement is a temporary, non-immigrant, visa for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or for individuals who have demonstrated extraordinary achievement in the motion picture or television industry.
To apply for an O-1 visa, a petitioner (U.S. employer or agent) must file a petition (Form I-129: Petition for a Nonimmigrant Worker) on behalf of the beneficiary (applicant). The evidence required to demonstrate “extraordinary ability” or “extraordinary achievement” differs depending on the beneficiary’s field.
“Extraordinary ability” is defined differently by the USCIS based on industry. For individuals in science, education, business or athletics, extraordinary ability means having reached the small percentage of those at the very top of their field. For individuals in art, extraordinary ability is defined by distinction, or having achieved prominent recognition in the field of arts.
“Extraordinary achievement,” for those pursuing an O-1 visa in the motion picture or television industry, means having received recognition as notable or leading in the industry.
Benefits of the O-1 visa include an initial stay of up to three years, with the possibility of unlimited extensions. Additionally, the O-1 visa provides work authorization for the applicant to work in the U.S. for the petitioning employer. Dependents, including spouses and unmarried children under 21, can also accompany the applicant to the U.S. on an O-3 visa for Dependents of Individuals With Extraordinary Abilities. Premium processing is also available under the O-1 visa; with premium processing, your petition’s processing time will be shortened to 15 calendar days for a fee of $2,805.00.
O-1A vs O-1B: Differences and Required Evidence
O-1 visa requirements differ depending on the specific category. There are two main subcategories: O-1A and O-1B, each with its own set of eligibility criteria.
The O-1A extraordinary ability visa is designated for individuals with an extraordinary ability in the sciences, education, business, or athletics. The O-1B visa is designated for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. The visa category will depend on the profession of the O-1 individual.
To meet O-1A visa requirements, extraordinary ability in these fields must be demonstrated by presenting evidence that:
- The beneficiary has received a major internationally recognized award, such as the Nobel Prize, the Pulitzer Prize, an Olympic medal, or other internationally recognized awards; or
- The beneficiary has met at least three of the following criteria:
- Nationally recognized prizes or awards
- Membership in exclusive organizations
- Media coverage
- Judging or panelist experience
- Original contributions
- Authorship
- Critical role
- High salary or compensation
The O-1B visa is designated for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. To meet O-1B visa requirements, extraordinary ability/achievement in these fields must be demonstrated by presenting evidence that:
- The beneficiary has received a major award, such as an Academy Award, Emmy, Grammy, or Director’s Guild Award, or other internationally or nationally recognized awards; or
- The beneficiary has met at least three of the following criteria:
- Lead or starring role (specific to productions or events)
- National/international recognition
- Lead, starring, or critical role (specific to organizations and establishments)
- Major commercial or critical success
- Recognition from exclusive organizations
- High salary or compensation
The USCIS evaluates eligibility based on the “totality of evidence” submitted, considering all documents and information provided. USCIS officers verify that the petition meets minimum criteria or qualifying award requirements, and then assess all submitted evidence to determine beneficiary’s extraordinary ability or achievement.
The O-1 Visa Application Process: Step-by-Step Guide
Before beginning the O-1 visa process, the petitioner and beneficiary should review O-1 visa requirements, ensure that the beneficiary meets eligibility criteria, and consult an immigration attorney.
The application process for the O-1 visa starts with the petitioner filing Form I-129O, Petition for a Nonimmigrant Worker, O Classifications, along with the required evidence, for the beneficiary. The petition cannot be filed more than one year before services are required and must be filed at least 45 days before the scheduled date of employment.
In addition to Form I-129, the following evidence must be included with the petition:
- Consultation: A written advisory opinion from a relevant peer group or labor organization, detailing the beneficiary’s abilities and achievements in their field and their expected duties in their position.
- Exceptions to the consultation requirement arise if the employer or agent can demonstrate that an appropriate peer group, including a labor organization, does not exist. In such cases, USCIS will issue a decision based on the evidence of record. Consultations may also be waived if the beneficiary is seeking readmission for a similar service within two years of a previous consultation. Petitioners must include a copy of the prior consultation with the petition.
- Contract between petitioner and beneficiary: Any written contracts between petitioner and beneficiary, or a written summary of any oral contracts between petitioner and beneficiary.
- Itineraries: A detailed schedule outlining the beneficiary’s work or performance plans in the United States, including specific dates and locations, and itineraries for any events or activities.
- Evidence demonstrating O-1 eligibility: Evidence demonstrating the beneficiary’s extraordinary ability in the sciences, arts, business, education, or athletics, or extraordinary achievement in the motion picture industry.
- I-129 filing fee required by USCIS: $1,055 plus additional fees, or $530 plus additional fees if petitioner is filing as a Small Employer or Nonprofit. Form I-129O also requires a supplemental fee of $460.
After Form I-129 and the required evidence are submitted to the USCIS, the petitioner and beneficiary wait for USCIS review. If the petitioner submits a complete and accurate petition, and the officer verifies that the eligibility requirements are met, the petition is approved. Upon approval, USCIS notifies the petitioner using Form I-797: Notice of Action.
Once the petition is approved, the beneficiary can apply for an O-1 visa at a U.S. embassy or consulate. Upon receiving the visa, the beneficiary is free to enter the United States, presenting the O-1 visa and approval notice at the port of entry, and can begin their work or performance activities.
Supporting Documents for O-1 Visa: Building a Strong Case
To support an O-1 visa application, the petitioner and beneficiary should submit comprehensive supporting documents. These documents demonstrate the beneficiary’s extraordinary ability and eligibility.
Examples, considerations, and types of evidence required to satisfy the O-1 evidentiary requirements include:
|
Criteria Category |
Description |
Examples |
Considerations |
Types of Evidence |
|---|---|---|---|---|
|
Awards |
The beneficiary has received significant awards or prizes for excellence in their field |
Awards from national institutions or professional associations, doctoral dissertation award |
Awards must be prestigious and relevant to the field |
Certificates, trophies, or other proof of award receipt |
|
Membership |
The beneficiary is a member of associations requiring outstanding achievements |
American Academy of Arts and Sciences, Screen Actors Guild, IEEE Fellowship |
Membership must be exclusive and require significant achievements |
Membership certificates, letters from association officials |
|
Media |
The beneficiary has been featured or interviewed in major media outlets |
The New York Times, Forbes, CNN, NPR |
Media coverage must be reputable and relevant to the field |
Articles, transcripts, or recordings of interviews |
|
Judging |
The beneficiary has participated, either individually or as a part of a panel, as a judge of the work of others |
Judging at film festivals, art competitions, or academic conferences; peer review |
Judging must be for reputable organizations or events |
Letters from event organizers, certificates of participation |
|
Original Contributions |
The beneficiary has made original contributions of major significance to their field |
Patents, new technologies, innovative methods, commercialized work |
Contributions must be significant and documented |
Patents, research papers, or other documentation of contributions |
|
Authorship |
The beneficiary has authored scholarly articles or publications |
Research papers, books, or articles in reputable journals |
Publications must be reputable and relevant to the field |
Copies of published materials, letters from publishers or editors |
|
Critical Role |
The beneficiary has played a critical role in a distinguished organization or establishment |
Leading roles in prominent companies, research institutions, or non-profits |
Role must be significant and documented |
Letters from employers or colleagues, performance reviews |
|
High Salary |
The beneficiary will receive a high salary or other compensation for their services |
Salary above the prevailing wage for the position |
Salary must be documented and above the prevailing wage |
Employment contracts, salary statements, job offers, or tax returns |
For a strong application, organize documents logically, provide clear explanations, highlight achievements, ensure accuracy, and consult an immigration attorney for guidance throughout the visa process.
O-1 Visa Extensions and Status Changes: What You Need to Know
O-1 visa extensions and status changes require careful consideration to maintain your status in the U.S.
The initial period of stay under an O-1 visa is three years. The USCIS may authorize an extension of stay in increments of up to 1 year, and there is no limit to the number of extensions of stay a petitioner can file for the same beneficiary. For a beneficiary to extend their period of stay to complete their service for an event or activity, the petitioner must submit the following to the USCIS:
- A new Form I-129: Petition for a Nonimmigrant Worker;
- A copy of beneficiary’s Form I-94: Arrival/Departure Record; and
- A statement explaining the reasons for the extension, detailing the event or activity behind the original approval and confirming that extension is needed to complete the event or activity
Dependents, such as spouses and unmarried children under 21, must file Form I-539: Application to Extend/Change Nonimmigrant Status.
Beneficiaries in valid nonimmigrant status, without status violations, can change to O nonimmigrant status without having to leave the U.S. To change to O status, the petitioner employer/agent must file Form I-129 before current status expires and must indicate that the request is for a change of status. The beneficiary cannot work in the new classification until USCIS approval. If the USCIS finds the beneficiary ineligible for change of status, beneficiary must depart the U.S., apply for O-1 visa at a U.S. consular post, and re-enter the U.S. in O-1 status.
To change employers under an O-1 visa, the new employer must file a new Form I-129: Petition for a Nonimmigrant Worker along with a request to extend the beneficiary’s stay, if applicable. If an agent filed the petition, the agent must file an amended petition with evidence of the new employer.
Our O-1 Visa Lawyers Can Help
Our team at Colombo & Hurd offers expert immigration guidance for individuals and organizations seeking to obtain O-1 visas. Schedule a consultation today to explore how Colombo & Hurd can assist with your O-1 visa needs.