O-1 Extraordinary Ability Visa

O-1 visas are nonimmigrant visas for individuals who are exceptional in their field, including the arts, sciences, business, education or sports.

O-1A visas are an excellent option for professionals in the sciences, entrepreneurs and academics. O-1B visas are a better option for professionals in the arts, including performing arts, visual arts, graphic design and even social media influencers or models.

However, O-1A and O-1B visas are not limited to people who work exclusively in these professions. These visas are versatile and can be used for professionals in almost any field. When deciding how to apply, a lawyer can best advise you on whether you can prepare a more successful O-1A or O-1B application.

O-1A visas are intended for individuals working in the arts, sciences, business, education or sports. O-1A visas can be excellent visas for entrepreneurs, business owners and specialists, engineers, scientists, researchers or specialists in a variety of fields.

O-1B visas are intended for extraordinary personalities in the arts or media. These include musicians, film directors, producers, actors and actresses, artists, dancers, writers, journalists, chefs, models, influencers and a variety of other individuals in the arts.

An initial O-1 visa is valid for up to three years. However, an O-1 visa can be extended for a further three years. There is no limit to the number of years an applicant can hold O-1 status.

Although O-1 visas can be renewed indefinitely every three years, many O-1 visa holders opt for an EB-1 green card if they intend to stay in the United States long-term. The requirements for O-1 visas and EB-1 petitions are very similar, making O-1 visas an excellent path to a green card for those interested in long-term residence in the United States.

Yes, with an O-1 visa you can work for one or more employers on a project basis. It is also possible to work full-time for a single employer on an O-1 visa.

O-1 visas offer several unique advantages over more traditional work visas. O-1 visa holders are authorized to work with multiple employers, not just a single sponsor. This means that O-1 visa holders can work on a freelance, project-based or self-employed basis.

It is also possible to extend O-1 visas indefinitely. Unlike other work visas, there is no maximum period during which a foreign national can hold O-1 status.

O-1 visas are often a good first step on the way to a permanent residence permit (green card). O-1 visas are dual intent, which means that you can apply for a green card at the same time. In addition, the O-1 visa criteria are very similar to the EB-1A green card criteria for aliens of extraordinary ability. For this reason, many O-1 visa holders are great candidates for an EB-1 green card application after receiving their O-1 visa.

An O-1 petitioner may be a U.S. resident corporation, a U.S. citizen, or a U.S. green card holder. Each of these options is considered equal on a legal basis. We recommend using a petitioner that you trust and feel comfortable with, even if this means using an individual and not a corporate sponsor.

No, this is not required. Your US employer can act as your petitioner, but this is not required.

O-1 applicants who wish to work for multiple employers are often advised not to use an employer as a petitioner. Instead, we recommend using an agent/petitioner who is independent of your employers. This takes the burden off your employer, who may not want to take on the responsibility of being the petitioner, and protects you as the petitioner if the employment relationship ends or becomes strained.

To apply for an O-1 visa, you must file an I-129 Petition for a Nonimmigrant Worker. As part of this petition, you must prepare a detailed legal memorandum discussing your qualifications as an alien of extraordinary ability and evidence of your accomplishments in this field.

There is no quota for O-1 visas. USCIS may approve an unlimited number of O-1 visas each year.

The current USCIS filing fees for O-1 visas vary depending on the size of the petitioner. For small employers (employers with 25 or fewer employees) or individuals acting as petitioners. the USCIS filing fees are $830 in total ($530 I-129 Filing Fee and $300 mandatory asylum fee). For large employers, the O-1 filing fees total $1655 ($1,055 I-129 Filing Fee and $600 mandatory asylum fee).

Depending on your profession, you may also need to obtain expert opinions for your case. This is especially true for O-1 applicants in the arts, who may need to obtain an expert opinion from one of the following organizations: https://www.uscis.gov/working-in-the-united-states/temporary-workers/address-index-for-i-129-o-and-p-consultation-letters

Some professions do not require an expert opinion and we can use a letter of recommendation from a professional in your field instead of a separate letter from a peer group or management organization.

To extend your O-1 visa, you must file a new O-1 petition requesting an extension of your stay. This petition must include new evidence of your upcoming work plans in the U.S. as well as evidence of your continued qualification as an O-1 alien of extraordinary ability.

Yes, O-1 visas are "dual intent." This means that O-1 visa holders can apply for permanent residence while in the United States without being in violation of immigration laws.

Many O-1 visa holders then apply for an EB-1A extraordinary ability green card, a self-sponsored green card available to foreign nationals who have reached the top of their field.

Yes, because O-1 visas are dual intent, O-1 visa holders can apply for permanent residence while in the United States without being in violation of immigration laws.

If you have an O-1 visa and wish to apply for a green card, Adomat Immigration recommends considering either an EB-1A Extraordinary Ability, EB-1B Outstanding Researcher or EB-2 National Interest Waiver petition.

The best option is the EB-1A Extraordinary Ability Petition, as the O-1 criteria are very similar to the EB-1A criteria.

O-1 visas and EB-1A green cards have similar criteria. However, EB-1A Green Card applications require additional evidence and have a higher standard of proof than O-1 visas.

An O-1 visa is also a temporary visa, while an EB-1 green card is an application for a 10-year residence permit in the USA.

O-1 visas have one of the highest approval rates of all U.S. work visas. In recent years, O-1A applications have had the following initial approval rates: 92% in 2023, 94% in 2021, 91% in 2021 and 90% in 2020.