O-1 Visa
(Nonimmigrant Visa for Aliens of Extraordinary Ability)

O-1 visa classification is reserved for aliens of extraordinary abilities in the field of science, arts, education, business or athletics

Definition of O-1 Visa:

The O-1 visa is a non-immigrant employment-based visa issued to the foreign nationals who have extraordinary ability in the sciences, arts, education, business or athletics. The extraordinary ability in the field of science, education, business, or athletics means a high level of achievement that is considerably above the normal.

Individuals with extra ordinary achievement in the motion picture or television industry are also eligible to apply for O-1 worker visas. O-2 visas are offered to those who accompany O1 visa holders in the field of athletics, motion picture and television production.

The visa requires extraordinary ability should be demonstrated “sustained national or international acclaim.” The dependants of O-1 visa are permitted to enter the U.S. in O-3 status and are not eligible for employment. Currently, there is no numerical limit on the number of aliens who can receive O1 visa each year. The time to process O-1 visa ranges from 30 to 60 days.

Eligibility requirements for O-1 worker visa:

To qualify for O-1 work visa, the work performed must be temporary. To be more precise, applicant for O1 visa should perform temporary services for a U.S. employer or an agent of an international employer. Individuals who enter the United States to participate in specific events are eligible to apply for O-1 status.

Initial step in obtaining O1 visa:

It requires that the employer should file a petition for a non-immigrant worker. Form I-129 - Petition for a Nonimmigrant Work Visa is used to apply for O1 visa. Along with the Form I-129, supporting documents showing the evidence of the individual’s extraordinary ability should be submitted. The petition should be filed with all the supporting documents at least six months before the start of employment.

Requirements for filing petition

The petition should be accompanied by the following documents-

• A written consultation from a labor union, peer group or management organization regarding the nature of the work to be done;
• A photocopy of the written contract between the employer and the alien;
• Proof of individual’s extraordinary ability such as contracts, awards, nominations or similar documents showing the nature of the individual’s achievement or the evidence of at least three of the following:
  • receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
  • scientific, scholarly or business-related contributions of major significance in the field; or
  • a high salary or other substantial remuneration for services as evidenced by contracts or other reliable evidence.

Duration of O1 Extraordinary Ability Visa:

O1 extraordinary ability visa is issued initially for three years. O-1 visa status may be renewed in one year increments or until the project is finished.

Advantages of O-1 visa classification:

• O-1 visa category is not subject to any numerical limitations; &
• Without a labor certification (LC), applicants can file petition for an O-1 Visa.

Disadvantages of O-1 visa classification:

• The proof to be submitted for qualifying extraordinary ability should be very high standards;
• While filing the petition, a written consultation describing the O-1 worker’s abilities should be submitted;
• O-1 worker visa petition should only be filed by a U.S. employer or a U.S. agent.

O1 Visa Processing Service:

At immspec.com, we provide assistance in preparing your O-1 visa application. We provide-

• A complete review of all your personal circumstances;
• Recognition of important legal issues that may affect your O-1 application;
• Exact preparation of your application;
• Submission of your application to the proper government agencies.