What is O-1?

Oh, you want an O. Okay. O-1 visa is for people of extraordinary ability in the arts, science, education, business, or athletics. It is typically used by scientists, doctors, professors, very high level business people, and entertainers, but anyone world renown in their field can apply. The visa is usually given for three years or for the extent of the project, whichever is shorter.

The standards and extent of documentation required for O-1 are higher than H-1. If you qualify, O-1 can be preferable to H-1 for two reasons. First H-1 has a limit as to how many new approvals will be issued each year and when it runs out you have to wait until next year. O-1 doesn't have a yearly limit. Also H-1 has a limit as to the number of extensions, which O-1 doesn't have.

Also if you currently have J-1 with the two year return requirement you can still obtain an O-1 visa.

One disadvantage as compared to an E or L visa is the spouse of an O-1 worker is not eligible for work authorization.

How to qualify.

There are four areas of evidence you must produce.They are:

  1. A written consultation with a peer group in the alien's area of ability. If there is a union, it should come from the union. If there is no union, it may come from a management, industry or relevant trade group.
  2. A copy of a written contract or a summary of the terms of an oral agreement.
  3. Evidence of the services to be performed, such as a project that requires someone with extraordinary skills.
  4. The alien must show very high qualifications in one of two ways. Either:
    • Sustained national or international acclaim by receiving major internationally recognized awards such as a Nobel Prize, or
    • Provide proof of at least three of the following:
      • Nationally or internationally recognized awards or prizes
      • Membership in associations which require outstanding achievements as judged by recognized national or international experts (you may have to show who judges acceptance).
      • Professional or major trade publications or major media have done a story about you and your work.
      • You participated on a panel or as a judge of the work of others in your field or in an allied field.
      • Proof of your original scientific or scholarly research contributions of major significance in your field.
      • Authorship of articles in professional journals or other major media.
      • Proof of having performed a leading or critical role for organizations or establishments that have a distinguished reputation.
      • Evidence of a high salary or other high remuneration.

NOTE:Although only three of the above are required, it is a good idea to submit as many as you can.

How do I obtain O-1?

There are two options. If you are currently in the U.S. you can apply for change of status to O-1. This allows you to live and work in the U.S. but it isn't a visa. You can not enter the U.S. with an O-1 change of status approval. If you want to travel you must first obtain the approval of the Immigration Service and then apply for the O-1 visa abroad.

 
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