The best step that you can take is to consult with an O1 visa attorney to learn more about the process and how they can help. Hayoon Kane Law Firm, PLLC, handles all types of visa applications, including O1.
What is an O1 Visa?
The O1 visa applies to individuals who have extraordinary talents in certain areas. The O1 visa gives them the right to live and work in the United States. There are two primary categories of O1 Visas:
- O1A Visas are for people with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
- O1B Visas are for people with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
In addition, there is an O2 visa for those who can assist O1 candidates with a specific event or performance.
The Benefits of an O1 Visa
The major benefit of an O1 visa is that it functions like a green card in that visa holders have the right to live and work in the United States. Although the O1 visa is valid for a limited amount of time, you can renew it as many times as necessary.
Once you have received an O1 visa, you can eventually apply for lawful permanent resident status. Then, you may have a potential pathway to United States citizenship.
Finally, an O1 visa holder may have the ability to apply for a visa for their spouse and unmarried children under the age of 21. Thus, your family may be able to come to live in the United States with you.
O1 Visas Do Not Have Some of the Same Requirements as Other Work-Related Visas
When you are applying for work-related visas, you may need to meet certain requirements and adhere to restrictions. For example, work-related visas usually have annual caps, meaning that you are in competition with others for a limited amount of visas. There are no such restrictions in the O visa category, meaning that you may not have to rush your application to get it into USCIS before an annual cap is met.
Further, you do not need to meet the requirement to obtain a labor certification from the Department of Labor before you apply for the visa. The labor certification adds months to any application, and not having to go through the process will save you time.
What Is the Application Process for an O1 Visa?
You cannot apply for an O1 visa on your own. You need an employer to sponsor you for an O1 visa. The visa petition will be filed within one year of when the employer needs your services. The employer must include supporting evidence that you meet the requirements for the visa category. This documentation should include a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability. If the visa is in the motion picture or television category, the advisory opinion must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability. If there is no peer group, USCIS will consider the evidence that was submitted in the Form I-129.
What Are the Criteria for an O1 Visa?
If you are applying for an O1 visa, USCIS requires that you meet at least three of the following eight criteria:
- Evidence of authorship of scholarly articles in professional journals or other major media in the field
- Evidence of published material in professional or major trade publications, newspapers, or other major media about the beneficiary and the beneficiary’s work in the field
- Evidence of participation either on a panel or individually, as a judge of the work of others in the same or in a field of specialization allied to that field
- Evidence of original scientific, scholarly, or business-related contributions of major significance in the field
- Evidence of receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
You must include documentation with your application that shows that you meet the criteria.
How Long Does It Take to Get an O1 Visa?
Because there is no labor certification, it may take less time for you to get an O2 visa than it would for other types of employment-based visas. The sponsor can file the application directly with USCIS on your behalf. Generally, applicants report that it takes 4-6 months to get an O1 visa through regular processing. There is premium processing available that can allow you to receive a decision in as little as 15 days. You cannot apply too far in advance for an O1 visa, as USCIS will not accept an application more than a year from when you need it.
Contact an O1 Visa Attorney Today
Reach out to Hayoon Kane Law Firm, PLLC, for assistance with any issues relating to an O1 visa. We can answer your questions and give you legal advice in a patient and comprehensive manner. You can schedule a free case review with an O1 visa lawyer by calling us today at (702) 463-7630 or by filling out an online contact form. Our office is in Las Vegas, NV, and we serve clients in all 50 states with their immigration law matters.
