Opportunities abound in the US, especially for individuals who excel in their fields. You can obtain an O-1 visa to work or engage in a particular activity linked to your field in the US if you have demonstrated remarkable ability in the science, arts, television, business, or athletics industries. This could be the inspiration you’ve ever needed to excel in your area of expertise!
Details on the O-1 visa and the application process are provided below.
What is the O-1 Visa?
The O-1 visa is a non-immigrant visa created for people who fall under one of the following categories and have exceptional abilities:
Science
Arts
Education
Business
Athletics
People with a track record of remarkable accomplishments in the film or television industries are also eligible. These people must have received national or worldwide recognition for their accomplishments (winning an Oscar comes to mind).
The O-1 visa is intended as a temporary work permit. Consequently, an employment offer from a U.S. business is necessary for the O-1 visa. O-1 visa holders may work for their sponsor, but they must reapply for an O-1 visa if they want to change jobs.
Different O-1 Visa types
The type of O-visa you need depends on the job or activity you’ll be performing while you’re in the US.
O-1A Visa
B-1 visa
O-3 Visa
Here is a brief summary.
O-1A Visa
Those with exceptional abilities in science, education, business, or athletics fall under the O-1A group. The entertainment, film, and television sectors are excluded from this group.
B1 visa
People with remarkable artistic talent or extraordinary accomplishments in the film or television industries fall under the O-1B category.
O-3 Visa
The O-3 visa is intended for the O-1 visa holder’s spouse or children. The spouse and children of an O-1 visa holder may enter the United States with them on an O-3 visa. However, they are not required to accept employment in the US.
If you need to bring someone with you to the United States who is “integral” to the activity you plan to carry out there (like a coach) or whose support is necessary for the successful completion of your production.
Requirements & Eligibility
The primary requirement for an O-1 visa is demonstrable outstanding talent in one of the designated fields. Sustained national or international acclaim in your particular sector or a track record of outstanding accomplishments are indications of extraordinary aptitude.
Exceptional talent in the sciences, the arts, business, or athletics
You are one of the few percentages of people who have reached the pinnacle of your area if you exhibit outstanding ability in certain fields, according to the U.S. Citizenship and Immigration Services (USCIS). This is typically indicated by ongoing praise on a national or international level, which can be proven by winning a prestigious international award (like an Olympic medal).
Extraordinary Ability in Motion Pictures, Television, or the Arts
According to the USCIS, exceptional artistic ability is a distinction or a high level of achievement demonstrated by a skill and recognition level that are significantly higher than those that are typically encountered. This needs to get at the point where the individual is well-known, a leader in their industry, and well-respected.
Make sure your work complies with the USCIS’ definition of art if you’re thinking about applying for an O-1 visa under this category.
You must be traveling to the United States to perform in your area of exceptional ability in order to be eligible for an O-1 visa.
You must present evidence that you have been nominated for (or have won) significant national or international awards or honours in your particular field of art in order to demonstrate your recognition in that field. Examples like receiving an Oscar, Emmy, or Grammy are suitable. Alternatively, you can present the supporting records listed below to demonstrate your eligibility in this regard.
Employment
You must also be traveling to the United States to work or perform at an event (or series of events) linked to your remarkable ability in addition to having extraordinary talent or accomplishments. However, in disciplines other than athletics and the arts, the term “event” is taken broadly and can, for instance, refer to a research study.
In essence, you require an employer to file the petition on your behalf and sponsor your O-1 visa.
Your new company must also submit a Form I-129 if you already hold an O-1 visa and wish to change jobs. You must submit an amended petition on Form I-129 to the Service Center where your initial petition was submitted if there has been a significant change to the terms and conditions of your job or your eligibility.
Rate of O-1 Visa Approval
Depending on the service location, the acceptance rate for O-1 visas is fairly high and often ranges from 80% to 95%.
The approval percentage for O-1 petitions is typically greater if they are drafted with the assistance of an attorney, thus it is advised that you speak with one if you are concerned about getting your O-1 visa approved.
O-1 Visa Renewal
The following paperwork can be submitted to the USCIS if you want to request that your O-1 visa-related stay in the country be prolonged so that you can finish the same activity or event:
- Form I-129 (Petition for Nonimmigrant Workers)
- Your Form I-94 (Arrival/Departure Record), in copy
- A declaration outlining the justification for the extension from your sponsor/employer (referred to as the petitioner).
Ideally, in this final paragraph, you should summarize the event or action that served as the foundation for the initial approval and say that you require the extension in order to carry out or finish the same activity or event.