The O-1 visa is a non-immigrant visa for individuals who possess extraordinary ability in their field. This visa category is intended for people who have demonstrated a level of expertise indicating that they are among the small percentage who have risen to the very top of their field of endeavor through their achievements and recognition.
The O-1 visa is divided into several categories based on field of expertise. To apply for an O-1 visa you must meet the required criteria for each category and you need a sponsor to apply for you. Eligible sponsors include a U.S. employer, a U.S. agent or a foreign employer through a U.S. agent.
Types of O-1 Visas
- O-1A: For individuals with an extraordinary ability in the sciences, education, business, or athletics.
- O-1B: For individuals with an extraordinary ability in the arts.
- O-1B (MPTV): For individuals with extraordinary achievement in the motion picture or television industry.
O-1A Visa Requirements
You must show extraordinary ability in the sciences, education, business, or athletics, which has been demonstrated by sustained national or international acclaim.
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field of endeavor. This can be proven by receipt of a major, internationally recognized award, such as the Nobel Prize, or meeting at least three of the following criteria:
- Awards: Receipt of nationally or internationally recognized prizes or awards for excellence in the field.
- Memberships: Membership in associations in the field that require outstanding achievements of their members, judged by recognized experts.
- Publications: Published material in professional or major trade publications, newspapers, or other major media about the applicant and their work.
- Judging: Participation, either individually or on a panel, as a judge of the work of others in the field.
- Original Contributions: Evidence of original scientific, scholarly, or business-related contributions of major significance in the field.
- Authorship: Authorship of scholarly articles in professional journals or other major media in the field.
- Critical or Essential Role: Evidence that the applicant has been employed in a critical or essential capacity for organizations with a distinguished reputation.
- High Salary: Evidence that the applicant has commanded a high salary or other significantly high remuneration for services in relation to others in the field.
O-1B Visa Requirements
You must show extraordinary ability in the arts which has been demonstrated by sustained national or international acclaim.
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
This can be proven by receiving, or been nominated for a significant national or international award or prize such as an Academy Award, Emmy, Grammy, or Director’s Guild Award or meeting at least three of the following criteria:
- Lead or Starring Participant in Distinguished Productions or Events: Evidence that the applicant has performed, and will perform, as a lead or starring participant in productions or events which have a distinguished reputation.
- National or International Recognition: National or international recognition for achievements, evidenced by critical reviews, published material by or about the applicant in major newspapers, trade journals, magazines, or other publications.
- Recognition From Distinguished Organizations: Evidence of significant recognition for achievements from organizations, critics, government agencies, or other recognized experts.
- Commercial Success: Evidence of commercial success in the performing arts, such as box office receipts or records, cassette, compact disk, or video sales.
- Leading or Starring Role In Distinguished Organizations: Evidence that the applicant has performed, and will perform, in a leading or starring role for organizations and establishments with a distinguished reputation, evidenced by articles in newspapers, trade journals, publications, or testimonials.
- High Salary: Evidence that the applicant has commanded a high salary or other significant remuneration for services in relation to others in the field.
O-1B (MPTV) Visa Requirements
The criteria for the O-1B (MPTV) are similar to the O-1B criteria. The difference is that you must demonstrate a record of extraordinary achievement in motion picture or television productions.
Extraordinary achievement in reference to persons in the motion picture or television industry (including both performers and others) means a very high level of accomplishment in the motion picture or television industry, as evidenced by a degree of skill and recognition significantly above that ordinarily encountered, meaning that the person is recognized as outstanding, notable, or leading in this field.
Other Requirements
- Advisory opinion. An advisory opinion from a U.S. peer group or labor and/or management organization in the field of extraordinary ability must be submitted with the application. The opinion should describe the beneficiary’s ability and achievements in the field of endeavor, the nature of the duties to be performed, and state whether the position requires the services of a person of extraordinary ability, or may state “no objection.”
- Continued work in the area of extraordinary ability. You must show that you will continue to work on the area of your extraordinary ability through job offers, contracts or other evidence.
- Contracts between you and your sponsor. You must include a copy of any written contract or a summary of the terms of the oral agreement under which the beneficiary will be employed.
- Itinerary. If you will participate in events or activities that will occur in multiple locations, an itinerary with the dates and locations of the activities must be included.
Duration of the O-1 Visa & Numerical Cap
- The initial duration of the O-1 visa is up to three years.
- It can be renewed in one-year increments indefinitely, as long as you continue working in your area of extraordinary ability.
- There is no cap on the number of O-1 visas issued annually.
Considerations for O-1 Visa Holders
- Dual Intent: The O-1 visa is a non-immigrant visa that does not explicitly recognize dual intent, unlike the H-1B visa. However, pursuing a green card while on an O-1 visa does not typically affect the applicant’s ability to maintain or renew their O-1 status.
- Maintain Valid Status: O-1 visa holders should ensure they maintain their status while their green card application is pending.
How Hard Is It To Be Approved For An O-1 Visa?
Meeting the minimum criteria for each category does not mean that the petition will be approved. Ultimately, an officer will evaluate the totality of all the evidence submitted to determine whether the beneficiary has extraordinary ability in their field.
All of the evidence combined must show the applicant’s extraordinary ability in the field. It is important to hire an immigration attorney to help you determine the strength of your case, to present the best evidence and guide you through the process.
Application Process for an O-1 Visa
1. File Form I-129 (Petition for a Nonimmigrant Worker) with supporting documents
- Who files: The U.S. employer, U.S. agent, or foreign employer through a U.S. agent.
- When to file: At least 45 days before the intended employment start date, but not more than one year in advance.
- Where to file: The petition is filed with the United States Citizenship and Immigration Services (USCIS).
2. Premium Processing (Optional)
- Form I-907: Request for Premium Processing Service.
- Fee: An additional fee for expedited processing.
- Processing time: USCIS will process the petition within 15 calendar days.
3. USCIS Processing
- General processing time: Typically ranges from two to three months, but this can vary based on the service center and the complexity of the case. Premium processing ensures a response within 15 calendar days.
- Approval: If the petition is approved, USCIS will issue Form I-797 (Notice of Action) to the petitioner.
- Denial: If the petition is denied, USCIS will provide the reasons for the denial, and the petitioner can file a Motion to Reopen/Reconsider or appeal the decision.
If you are residing abroad
4. Apply for a Visa at U.S. Consulate or Embassy
- Form DS-160: Online Nonimmigrant Visa Application.
- Visa interview: Schedule and attend an interview at a U.S. consulate or embassy in the applicant’s home country.
- Documentation for interview: Passport, Form DS-160 confirmation page, visa fee receipt, photograph, Form I-797 (Notice of Action), and any additional documentation required by the specific consulate or embassy.
5. Entry to the United States
- Upon approval: If the visa is granted, the applicant can enter the U.S. and begin their employment on the start date specified in the petition.
- Port of entry: Present the visa and Form I-797 at a U.S. port of entry for inspection by a Customs and Border Protection (CBP) officer.
Family of O-1 Visa Holder
Your spouse and children under the age of 21 can accompany you or join you later (called “following to join”) through an O-3 non-immigrant visa, that will be subject to the same period of admission and limitations as you. They may not work in the United States under this classification, but they may participate in full-time or part-time study on an O-3 visa.
Does the O-1 Visa Lead to a Green Card?
The O-1 visa itself does not directly lead to a green card. However, O-1 visa holders can transition to a green card through other immigration pathways such as employment or talent based immigrant visas (like the EB-1, EB-2 or EB-2 NIW) or family sponsorship.
Conclusion
The O-1 visa application process is complex and requires careful examination of the eligibility criteria, extensive documentation, organization and clear presentation of the best evidence.
Hiring an immigration attorney ensures the best chance of success. An immigration attorney can guide you through the process, help you avoid costly mistakes and prepare a strong case to ensure you have the best chance of approval.
If you need an immigration lawyer in Miami or anywhere in the United States to help with your O-1 visa application, Gonzalez Concepcion Law can help you wherever you are located through virtual consultation and legal representation. We make it easy for you to get started wherever you are.
Sources
- INA 101(a)(15)(O)(i); 8 CFR 214.2(o)
- United States Citizenship and Immigration Services (USCIS) Official Website
- Instructions for Form I-129
- Instructions for Form I-907
- U.S. Department of State (DOS) Official Website:
- DS-160: Online Nonimmigrant Visa Application