O-1 US Visa

The O1 visa for the United States is a non-immigrant visa granted to foreign nationals with outstanding abilities or accomplishments in their profession. It’s also known as an exceptional ability visa or an artist’s visa because it’s selected for people who work in science, education, or the arts.

Who qualifies to apply for an O1 visa?

If you are experienced in your field of work and have exceptional abilities or accomplishments, you may apply for an O1 visa. Depending on the area of specialisation, there are two types of O1 visas:

• To apply for an O1A visa you need to have some exceptional abilities in certain specialisation areas such as business, education or science.
• To apply for an O1B visa you need to have exceptional talent in the arts or excellent achievement in the motion picture or television industry.

Visa type O1 criteria for eligibility

Depending on your area of expertise (you must be travelling to the United States for a limited time to work in your area of expertise), you should meet the following requirements to apply for an O1 visa:

• You must have an experience that sets you apart from those in your profession, whether it is in science, education, industry, or athletics. To put it another way, you must be among the best.
• For figures in the arts: You must be well-known in the field and have more accomplishments than the majority.
• For actors and actresses in the film and television industries, differentiation is needed, such as being recognised as someone with a higher level of talent than others and as a recognised figure in the field.

How to obtain an O1 US Visa?

When applying for an O1 visa, you and your employer must take the following steps:

• On your behalf, your employer submits a petition to the USCIS.
• You fill out the DS-160 form – It’s on the website of the Consular Electronic Application Center.
• Pay the O1 visa fees.
• Make an appointment with the nearest US mission for a visa interview.
• Collect all of the supporting documents.
• Attend the interview and submit the documents

Filling the USICS petition

The employer or agent in the United States must complete and submit Form I-129, Petition for a Nonimmigrant Worker, to the USCIS, along with the necessary documentation and payment of the application fee which costs $460.

The application must be sent to one of the USCIS Service Centers at least 45 days before the start date of your work, but no earlier than one year before the start date of your employment.

The USCIS will give your employer/agent a notice regarding their decision after they have reviewed the petition. If the decision is favourable, you will move on with the application process.

Scheduling and attending an Interview

You must arrange an appointment with the US Embassy after completing Form DS-160. Depending on that if you are applying from Asia or elsewhere, there are different websites from where you can submit a form. Make sure you search for the details regarding your country.

One of the most crucial aspects of your visa application is the interview. While attending it, you must hand in your paperwork as well as participate in an interview with the visa officer on the day of your appointment. They will question you about your credentials, how long you have worked in your profession, why you need to travel to the United States to advance your career, and other similar questions. 

Afterwards, you will have to wait for the visa to be approved, and you’ll be notified as soon as a decision is made.

O1 US Visa Required Documents

The process of applying for any visa requires collecting supporting documentation. Needed are, among others, your passport, the visa fee receipt, your work contract, the USCIS notice of the decision, evidence of your exceptional abilities in your profession, and others.

When applying for an O1 US visa you need to gather:

• A copy of the job contract – a description of the arrangement in which you will be employed must be included in the contract.
• A written consultation from a professional in your industry – it may be a peer group or a labour/management union, depending on the sector.
• Proof of your exceptional skills or accomplishments 
• A checklist outlining the tasks and events in which you will take part – it must include the essence of the activities/events, as well as the start and end dates, as well as an itinerary of the activities/events.

Furthermore, you can bring the following documents with you to your appointment and interview at the American Embassy:

• Your valid passport
• A photo of yourself that complies with the US visa specifications.
• The Confirmation Page for the DS-160 Form.
• Letter of Appointment for Interview.
• The United States Citizenship and Immigration Services’ I-797 Approval Notice.
• Proof that you paid the fee for a Machine Readable Visa (MRC).

What are O-1 US Visa costs?

A visa fee must be paid by anyone who applies for a US visa. The application fee for the O1 visa is $190 since it is a petition-based visa. You can pay the fee online or at a branch, but keep the receipt because you’ll need it on the day of your visa interview.

How long does the O1 visa take to process?

The USCIS will take two to three months to process your O1 visa application. Premium Processing, which provides a response in 15 days for $1,500 is another choice. Standard processing, on the other hand, costs $460.

O1 US Visa Validity 

The O1 visa is valid for a maximum of three years at first. If you want to keep working, but for a different company, you’ll need to file a new petition with your new employer. But if you need to stay in the United States for a longer time, your employer or agent may need to request a new application with the following information:

• A copy of your Arrival/Departure Form I-94 
• Petition for a Nonimmigrant Worker, Form I-129
• An explanation for why the extension is needed ~ your employer should clarify in the declaration the operation for which you originally got the visa and why the extension is needed so you can continue to operate in the same activity or manner.

O-1 US visa and Dependants

You would be able to bring your dependents to the United States if you have an O1 or O2 visa. Your family members would need to apply for an O3 visa. Your wife and child (under the age of 21) are also entitled to apply for a dependent visa to accompany you to the United States.

They can apply concurrently with you or after you’ve settled in. The application process is identical to that of your own passport, with the exception that there is no need to file a petition with the USCIS. Your family members, on the other hand, are not allowed to work in the United States while on an O3 visa, however they are allowed to study.

What are the other types from O1 US Visa?

If you do not meet the requirements for an O1 visa, you will have the following options:

• H-1B Visa for Specialty Occupation – granted to non-US citizens who choose to work in specialized fields like engineering, healthcare, or computer science.
• From P types there is athlete Visa P-1A for an individual athlete, a member of a squad, or a coach who is temporarily visiting the United States to participate in a sporting event, you may apply for this visa and a P-1B (Entertainment) visa type for an entertainer visiting the US for a show.
• TN Visa (Tennessee Visa) – this visa is available to Mexican and Canadian nationals who intend to work in engineering, banking, law, or other specialty occupations.
• L-1 Visa for Intracompany Transferees – for those who are transferring from a foreign company to an America-based company.

Is it possible to obtain a Green Card when holding an O1 visa?

The O1 visa is a non-immigrant visa that does not result in a Green Card. You may, however, apply for an EB-1 visa, which is a Green Card for people who excel in their fields.

Sources

• [1] https://www.uscis.gov/working-in-the-united-states/temporary-workers/