All About O1 Visas in the US
- Its Ok Yaar
- 2 days ago
- 7 min read
What’s the one visa category that has
no annual cap,
allows for dual intent, and
offers easy year-long extensions?
We’ll give you two clues. Artists like Ryan Reynolds, Justin Bieber, and even Priyanka Chopra used this visa to get their green card and permanent residency. It was founded in 1990 and is the most popular visa for attracting talent. You’re right–it’s the O1 visa, also known as “The celebrity visa”. And we think that is its biggest problem. Most people think that the O1 visa is just for celebrities.
You must have heard people claim that the O1 is better than the H1B in many ways. That’s only fair considering how you don’t need to apply for the H1B lottery and can still apply for an O1 visa despite not having studied in the US. And if you’re a startup founder, the O1 visa is a complete boon for you. The best part? Though it doesn’t guarantee a green card, you’re still one step closer to acquiring it. And because of this, the number of O1 visas issued annually has risen from 3,500 in 1997 to 18,994 in 2023.
So, in today’s blog post, we're going to share all the details about the O1 visa, including its
types,
requirements,
application process,
durations and costs,
benefits, limitations, and more.
What is the O1 Visa?
Simply put, the O1 visa is a temporary non-immigrant visa designed for individuals with extraordinary abilities or highly valued achievements in their field. It typically suits people with national or international acclaim for their extraordinary skills in
business
sciences
arts
education
films
television
Myth Buster 1: There’s one thing that most people aren’t aware of: You cannot self-sponsor an O1 visa.
Myth buster 2: Most people think that because the O1 visa is called the celebrity visa, they won’t be eligible for it, or they shouldn’t apply for it. But that’s not the case. As we mentioned earlier, an O1 visa can be granted to individuals with extraordinary skills in business and science.
The O1 visa allows you to bring:
essential support personnel on O2 visas, and
your spouse and children on O3 visas.
And once you’re granted the O1 visa, you're allowed to extend your stay by 1-year increments. These unlimited extensions let you renew your visa status without the hassle of returning to India.
Types of O1 Visas.
O1 visas are split into two categories, O1A and O1B.
Here are the requirements for O1A visa cases, which include business and entrepreneurship, sciences, education, and athletics and the requirements for O1B visa cases for arts, motion pictures, and television.
O1A visas are for people with extraordinary abilities in the fields of sciences, education, business, or athletics. To qualify, you must demonstrate a high position in either of these fields, including business and entrepreneurship. This can be shown through various forms of evidence. You’ll need proof for at least 3 of the following 8 points:
receiving major internationally recognized awards like the Nobel Prize
publishing distinctive scholarly articles
holding reputed positions in prestigious organizations
having your work cited extensively by other professionals in your industry
Proof of your business achievements and knowledge through documents stating high-revenue business growth
Any IPO launches, awards, or positions in globally renowned lists
panel participation in business-centric conferences
working in leadership roles as a CTO or CEO
These points could be easily found on the USCIS website.
The O1B visa works best for people with extraordinary abilities and achievements in the motion picture or television industry or a more niche sector in arts. As an applicant, you’ll need to provide evidence of your success in the respective field.
This includes:
nomination for significant awards like the Academy Award, Emmy, Grammy, Oscar, or Tony Awards, also called EGOT awards.
starring in globally famous productions
being featured in reputed exhibitions
gaining the recognition of critics and experts as a unique figure in your artistic discipline
lead or starring participant in events with distinguished reputations
All this stands true even for the sciences, education, and athletics.
Don’t forget, these Requirements for O1 Visa Types have 3 similar requirements:
A job offer from a US employer.
Itinerary of the events you’ll partake in and a written work contract.
Advisory letter from a peer group or labor or management organization.
This letter highlights the applicant’s extraordinary abilities in the field.
Despite this, the overall requirements for your O1 visa vary based on your area of expertise.
The US government also accepts: records of major commercial or critically acclaimed successes, highly valued recognition from government agencies, or critical reviews published in trade journals and other publications. In short, any documentary evidence.
O1 Visa Application Process
Step 1 is taken care by your employer or agent. They’ll fill out Form I-129, which is a petition for a non-immigrant worker. The petitioner will need to provide, with Form I-129, an advisory letter written by an organization of peers — such as a labor union or management organization — attesting to your extraordinary ability in the field. A single expert in the relevant field may also write the letter.
The petitioner may bypass the advisory letter requirement if no peer organization exists, in which case USCIS would decide using only the evidence submitted with the I-129. If you have, within the past two years, entered the United States using an advisory letter, then you may submit a request to waive this requirement.
When submitting Form I-129, the petitioner must provide the employment contract — or a written account of the verbal agreement - securing the employer-employee relationship. They will also need to provide evidence that, throughout the requested period, you will be working in a job in their “area of extraordinary ability.” This includes:
A description of the activities
Start and end dates for the activities in question
Copy of the itinerary for the events
Finally, the petitioner must prove their extraordinary ability. Evidence might include either an award (or, in certain cases, a nomination) or three distinct types of proof that we’ve explained earlier. Now, if you’re outside the US, then after you get the approval notice from USCIS, you can start the application process from your end.
The next few steps are only for those who are outside the US. If you’ve applied for the visa from within the US, you’re good to skip it. But you might as well read it because you will need a stamp on your passport at some point in time.
Step 2 requires you to complete Form DS-160, and this online application is available at the Consular Electronic Application Center. Don’t forget to print the confirmation page and keep it in your documentation file.
Step 3, like in all US visas, applicants must pay an application fee for the DS-160 as well. This fee is $160.
Step 4 requires you to set up an interview at the US Embassy. Applicants applying from Asia can visit ustraveldocs.com.
Now comes the main step of the O1 visa application process. Gathering all documents. This means you’ll need a file with the visa fee receipt, employment contract, confirmation by the USCIS, and extensive evidence of your extraordinary skill set. You can revisit the “visa requirements” section to verify you’re submitting a strong application with relevant documents.
And that’s it! You can now attend the O1 visa interview and answer the interviewer’s questions as clearly as possible.
O1 Visa Processing Time
While you may know that an approved O1 visa lasts for a maximum period of 3 years, few people are aware of its processing time. As of February 2024, if you’re applying for an O-1 visa, your I-129 petition will take around 2.5 months if you file it with the California Service Center and 5 Weeks in the Vermont Service Center.
Remember that these processing times are not set in stone and can fluctuate monthly, depending on the workload at each service center and other factors. If you’re in a hurry, pay an extra cost and opt for the premium processing option by paying an additional $2805. This fastens your application process since the USCIS receives your submission within 15 days!
Cost of an O1 Visa
The costs for an O1 visa can vary based on a few factors mentioned below:
$1055 for Form I-129
$160 to $190 for Form DS-160 based on your country
$2,500 for premium processing
$5000-$7500 as legal fees to hire an immigration attorney
Benefits of an O1 Visa
Firstly, you’re granted flexibility with your employment. This means you can work with multiple employers, provided each file a separate petition. Such benefits suit artists, performers, and consultants who may have short-term or project-based work with various employers.
Secondly, you have the liberty to apply for unlimited year-long extensions as long as you’re working in your area of extraordinary ability.
Thirdly, the O1 visa is considered a dual intent visa. This means you can apply for a Green Card (permanent residency) without affecting your O1 status.
Fourthly, there’s no cap limit. Unlike H1-B visas that have only 85,000 visas available each year, O1 visas aren’t limited. This makes them open to any number of people who meet the qualifications.
Fifthly, your spouse and unmarried children under 21 years old can accompany you to the US on O3 visas. Though they can’t work in the US, they can attend school or college, We must remind you that having an O1 visa is proof of your high intellect and knowledge in your field. This will eventually help you qualify for an EB1a green card, too.
Limitations of the O1 Visa
Besides extensive documentation needs, the O1 visa requires applicants to submit proof of their extraordinary abilities. This is quite a high bar for most people to meet! Also, the O1 visa is tied to a specific employer or sponsor. So if you wish to change employers, your new employer must file a new petition with USCIS. This is time-consuming in many ways.
We hope this blog post answers all your questions about the O1 visa in the US.
What topic should we cover next? Let us know in the comments.
Until then, If things aren’t going well for you, It’s Ok Yaar because they’ll eventually turn around.
Comments