O1 Visa

The O-1 visa is a nonimmigrant visa which allows foreign nationals with extraordinary ability in one of the following three categories to enter into the U.S. and engage in official activity:

1. Sciences, education, business, and athletics
2. Arts
3. Motion picture or TV industries

On O-1 visa, you may:

1. Receive your visa quickly
2. Travel freely in and out of the U.S. for the term of the visa
3. Apply for O-2 visas for accompanying essential support personnel
4. Apply for O-3 visas for accompanying dependents
5. Not be required to prove that you intend to return to your home country residence when your business in the U.S. is completed
6. Apply for permanent residence while in O status

On O-1 visa, you may:

1. Take up employment for the position, event, or activity for which the USCIS granted approval
2. Take up employment with multiple employers only if each employer files a separate Form I-129
3. Commence employment on the date authorized by the USCIS and must terminate the employment no later than the date authorized

You may stay in the U.S. on O-1 visa for the period of time necessary to complete the event or activity, which should not exceed an initial period of three years.

Yes, you may apply for O-1 visa extension of stay. Extensions in one year increments plus an additional 10 days to get your personal affairs in order may be granted as long as you continue in the same position or activity for which you were originally granted O-1 status.

Yes, you may engage in part-time study while on O status.

Your prospective employer or agent must first receive an approved O petition with the USCIS, after which you may apply for an O-1 visa either in your home country or a third country.

Yes, the USCIS has instituted a program called Premium Processing. If the USCIS is paid an extra $1,410 on a separate check, the USCIS guarantees it will adjudicate the petition in 15 days or notify you if more evidence is needed.

Prior to filing the O-1 petition with the USCIS, you must obtain an advisory opinion from an appropriate consulting entity, such as a peer group, labor organization, or management organization. The advisory opinion is to state whether you qualify as an alien of extraordinary ability and whether such extraordinary abilities are required for the activities to be undertaken by you.

Petitions for O-1 foreign nationals must be accompanied by:

1. Evidence specified in the particular section for the classification
2. Copies of any written contracts between the employer and yourself. If there is no written contract, a summary of the terms of the oral agreement under which you will be employed
3. 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
4. Written advisory opinion(s) from the appropriate consulting entity or entities

You must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of either:

1.Receipt of a major, internationally recognized award, such as the Nobel Prize, or

Note: If the above criteria do not readily apply to your occupation, the employer may submit comparable evidence in order to establish your eligibility.

You must be recognized as being prominent in your field of endeavor by providing either:

1.Evidence that you have been nominated for, or have been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award, or

Note: If the above criteria do not readily apply to your occupation, the employer may submit comparable evidence in order to establish your eligibility.

You must be recognized as being prominent in your field of endeavor by providing:

1.Evidence that you have been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award or

The following types of documents can be submitted in support of an O petition. These are not exclusive and other forms of evidence may be used:

1. Degree certificates and evaluation reports
2. Publications, presentations, abstracts, invitations to conferences as well as citations of such publications
3. Comments on your work by others in your field
4. Requests for reprints of your publications
5. Evidence of awards or honors received
6. Evidence of membership in professional associations
7. Documents substantiating participation, either individually or on a panel, as the judge of the work of others in the field
8. Critical reviews, advertisements, press releases, publications contracts, or endorsements;
9. Box office receipts or record, cassette, compact disk, or video sales
10. Curriculum Vitae
11. Recommendation letters from experts in your chosen field explaining your standing as an alien of extraordinary ability

Your O-1 petition can be revoked if the:

1. Capacity in which you were originally employed as mentioned in the petition has changed
2. Statement of facts contained in the petition was not true and correct
3. Terms or conditions of the approved petition are violated
4. Approval of the petition involved gross error

Yes, you may change status to O-1 when in the U.S. if you qualify as an O-1 alien. This option is not available if you entered the U.S. without inspection or overstayed your authorized term of admission under the present status. Further, you may not change status in the U.S. if you are subject to the J-1 two-year foreign residency requirement and must obtain an O-1 visa at a U.S. Consulate overseas after the O-1 petition is approved.

Yes, you may change from J-1 to O-1 in the U.S. if you did not enter for graduate medical training, or if you entered in another J category and are either not subject to the two year home residency requirement or have received a waiver. If you are subject to Section 212(e) and have not received a waiver, or entered the U.S. for graduate medical training your employer can still submit a O-1 petition on your behalf. Once the petition is approved you must apply for the O-1 visa outside the U.S. and can enter the U.S. immediately without receiving a waiver or completing the 2 year home residency requirement.

Your spouse and unmarried children under the age of twenty-one may apply for O-3 visa status in order to accompany you to the U.S.

No, dependents on O-3 status may not work.

The O-1 category applies to foreign nationals seeking a nonimmigrant status, while the EB-1(A) category is for foreign nationals seeking permanent immigrant status. A person seeking O-1 status must have an employer in the U.S., while a person seeking permanent residence in the EB-1(A) category does not need a U.S. employer.

Yes, you may change employers on O-1 visa, however, a new petition must be filed by the new employer.

Yes, you may change employers on O-1 visa, however, a new petition must be filed by the new employer.

If the employment is terminated, the employer is liable to pay reasonable cost of return transportation to your last place of residence prior to your entry into the U.S.