O1 Visa (Extraordinary Ability)
For individuals with extraordinary ability in arts, sciences, business, athletics, or education, recognized nationally or internationally.
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Types of O-1 Visas
O-1A: For individuals with extraordinary abilities in sciences, education, business, or athletics.
O-1B: For individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
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Key Requirements
Extraordinary Ability: The applicant must demonstrate sustained national or international acclaim.
Supporting Evidence: The applicant must provide evidence of their achievements, such as awards, membership in organizations that require outstanding achievements, publications in major media, original contributions in their field, or a high salary indicating expertise.
Employment Contract: The individual must have a job offer in the U.S. related to their extraordinary abilities. This could be an employment contract or a detailed explanation of their engagement within the U.S.
Key Features of the O-1 Visa
Duration: The O-1 visa is typically granted for the duration of the individual's work assignment, up to three years. Extensions can be granted in one-year increments based on the continuation of the work.
O-2 Visa for Assistants: Individuals assisting the O-1 visa holder in their performance may qualify for an O-2 visa if their assistance is integral to the work.
O-3 Visa for Family: Spouses and children under 21 of the O-1 visa holder can accompany them on an O-3 visa. However, O-3 visa holders cannot work in the U.S.
Application Process
Form I-129 Petition: The employer must file a Form I-129, Petition for Nonimmigrant Worker, on behalf of the O-1 applicant. The petition must include documentation proving the applicant’s extraordinary abilities and the job offer.
Supporting Documentation: The application should include a portfolio of evidence, such as awards, letters from experts in the field, or contracts and agreements related to the individual’s work in the U.S.
FAQs
How long can I stay in the U.S. on an O-1 visa?
The initial stay for an O-1 visa is usually up to three years, but extensions can be granted in one-year increments as long as the individual continues their work related to the original petition.
Can I bring my family with me?
Yes, spouses and children under 21 can accompany you on an O-3 visa. However, they cannot work while in the U.S. under this visa.
Can I switch employers on an O-1 visa?
You can switch employers, but the new employer must file a new Form I-129, and you will need to provide evidence for the new job.
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