The O-1 extraordinary ability visa is a special visa for people who are good at what they do. It is for people who are amazing in fields like science, art, education, business, or sports. It is also for successful people in the film industry who have been recognized nationally or internationally for their work.
A lot of talented people want this visa because it allows them to work in the United States. It shows that they’re good at what they do and that people appreciate their work. The O-1 extraordinary visa gives them a chance to show off their skills and help their industry grow.
Table of contents
- Eligibility Requirements
- Benefits of O-1 Visa
- Steps to Apply for O-1 Extraordinary Ability Visa
- Some Tips to Help you Prepare an Application for an O-1 Extraordinary Ability Visa
- Summary of the O-1 Extraordinary Ability Visa
- Do You Need to Talk to an Immigration Attorney About How to Get a U visa or a T visa?
To be eligible for an O-1 extraordinary visa, you have to show that you’re amazing and well-known in the movie and TV industry. You can do this by proving that you’ve received a lot of recognition either in your own country or internationally, or by showing that you’ve achieved something extraordinary in your career. Also, you have to make plans to come to the United States for a temporary period to keep working in your field.
Benefits of O-1 Visa
The O-1 visa is a special visa that allows people with extraordinary abilities to work in the United States. Here are some of the benefits of the O-1 visa:
1. No Limit on the Number of Visas
Unlike some other visas, there is no annual limit on the number of O-1 visas that can be issued. This means that more people have the opportunity to come and work in the United States.
2. Family Can Come Too
If someone gets an O-1 visa, their immediate family members, like their spouse and children under 21 years old, can come with them under the O-3 status. They can live and study in the United States while the O-1 visa holder is working.
3. Path to Permanent Residency
If someone qualifies for an O-1 visa, they might also be eligible to apply for permanent residency in the future. This is based on their extraordinary abilities, and it doesn’t require a labor certification. It gives them the chance to stay in the United States for a longer time if they want to.
4. Temporary Work Visa
The O-1 ordinary visa is a temporary visa, which means it allows people to work in the United States for a specific period. It’s also a great opportunity for individuals who have exceptional skills or talents in their field to come and contribute their abilities to American companies or organizations.
5. Approval by USCIS
To get an O-1 visa, the United States Citizenship & Immigration Services (USCIS) needs to approve a person’s application. They review the evidence and decide if the individual qualifies for the O-1 visa. Additionally, this process helps ensure that only people with truly extraordinary abilities are granted the visa.
6. Achievements Matter
When applying for an O-1 visa, someone can use evidence of their accomplishments, such as a high salary or other achievements, to strengthen their application. This shows that they have achieved great things in their field, making them eligible for the O-1 visa.
Steps to Apply for O-1 Extraordinary Ability Visa
Applying for an O-1 extraordinary visa involves a few steps. Let’s break them down:
1. Find a Sponsor
To get an O-1 extraordinary ability visa, you need a sponsor. This is usually a U.S. employer who wants to hire you. They will file a form called Form I-129, Petition for a Nonimmigrant Worker, along with the Form I-129O/P supplement and other supporting documents on your behalf. This sponsorship is necessary to start the visa application process.
Filing Form I-129 with USCIS
- When you want to apply for an O-1 visa, the documents you submit must include a written consultation from a group of experts in the field in your Excel.
- The employer who wants to sponsor you for the O-1 extraordinary visa needs to start the process at least 45 days before the date of your employment in the US. This is because they cannot file the petition more than one year before they need your employment.
- Once you submit your application, USCIS will take about two to three months to process it. However, you can choose a faster option called premium processing. If you select this, you need to pay an additional fee, but USCIS will decide on your application within 15 calendar days.
2. Gather the Required Documents
To apply for an O-1 visa, you need to gather some important documents. These include:
- A written consultation from an expert in your field who confirms your extraordinary abilities.
- Your passport.
- Receipt of the visa fee you paid.
- Your employment contract.
- Notice of decision from USCIS (if you’ve received one before).
- Proof of your extraordinary abilities, which can include evidence of your achievements in your field.
3. Wait for USCIS to Approve your O-1 Extraordinary Ability Visa Petition
If you are waiting for USCIS to approve your O-1 visa petition, here are some things to keep in mind:
- Processing time: Standard USCIS processing time for an O-1 petition is four to six months or sometimes even more. The petitioning department has the option of paying an additional Premium Processing fee to secure a more favourable processing time.
- Status validity: Your O-1 status is valid until the end validity date of your most recently issued I-94 card.
- Visa issuance: If your O-1 petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your O-1 I-797 approval notice. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your O-1 status can be “activated”
4. Collect the Necessary Document
Collect the necessary documents for your O-1 visa application, including a written consultation with a peer group in your area of ability, your passport, the visa fee receipt, your employment contract, and proof of your extraordinary abilities in your field. File Form DS-160 and pay the O-1 visa fee.
5. Schedule and Attend an Interview at an American Consulate Overseas
Attending an Interview at a US Consulate or Embassy:
- After you submit your application, you will need to go for an interview at a US consulate or embassy.
- To ensure that everything goes smoothly and on time, it’s best to submit your application at least 45 days before you plan to start working in the US.
Internal link: TN Visa – Eligibility, Application Process, Advantages & Limitations
Some Tips to Help you Prepare an Application for an O-1 Extraordinary Ability Visa
1. Collect Lots of Evidence
The O-1 visa is a special visa that requires a lot of proof to show that you are extraordinary in your field. So, gather as much evidence as you can to support your application.
2. Ask For Recommendation Letters
It’s helpful to get letters of recommendation from experts in your field. These letters can show that you have achieved great things or have exceptional abilities.
3. Write a Strong Personal Statement
In your statement, explain why you qualify for the O-1 visa and how you meet the requirements. This is your chance to explain why you deserve the visa.
4. Get Help from an Immigration Attorney
It’s a good idea to work with an immigration attorney who has experience with the O-1 visa. They can guide you through the application process and make sure everything is done correctly.
5. Do Your Research
Make sure you understand all the requirements for the O-1 visa and make sure you meet them. It’s important to know what you need to do before you start the application.
6. Prepare for the Interview
If your application is approved, you will have an interview at the US Embassy. Practice answering possible interview questions and review your application beforehand.
7. Provide the Necessary Paperwork
You will need to fill out Form I-129, Petition for a Nonimmigrant Worker. You also need to include a copy of your Form I-94, which shows your arrival and departure dates in the US. Finally, include a statement explaining why you are applying for the O-1 visa.
8. Plan Properly:
The O-1 visa application process can take a long time, sometimes several months. So, make sure you plan accordingly and submit your application well before your intended start date.
9. Show Your Temporary Stay
It’s important to prove that you only plan to stay in the US temporarily and that you have strong ties to your home country. This will assure the government that you will return home after your stay in the US.
Remember, the O-1 extraordinary visa is a complex process, but with careful preparation and the right support, you can increase your chances of success.
Summary of the O-1 Extraordinary Ability Visa
The O-1 visa is a great opportunity for individuals with extraordinary abilities to continue their work in the United States. If you believe you meet the criteria for an O-1 visa, it is encouraged that you pursue this opportunity. However, it is important to note that the process requires a preponderance of the evidence that the individual has an extraordinary ability.
Do You Need to Talk to an Immigration Attorney About How to Get a U visa or a T visa?
If you need to talk to an immigration attorney, we can help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.