O1 visa - requirements and information on how to apply (2023)

The US O1 visa is a type of nonimmigrant visa issued to foreign nationals who demonstrate exceptional skill or achievement in their field.

As it is intended for people in science, education or art, it is also known as a visa of extraordinary ability or an artist visa.

Who can apply for an O1 visa?

You can apply for an O1 visa if you are someone who is well versed in your field of work and has exceptional skills or accomplishments. There are two types of O1 visas, the O1A and the O1B, depending on your specialty:

• You can apply for an O1A visaif you have exceptional ability in the arts, sciences, education, business or athletics.
• You can apply for an O1B visawhether you have exceptional ability in the arts or outstanding accomplishments in the film or television industry.

O1 Visa Eligibility Criteria

To qualify for an O1 visa, you must meet the following criteria, depending on your specialty:

• For science, education, business or sport:You must have an experience that sets you apart from others in the field. In other words, it must be one of the "top" percentages.
• For personalities in the field of art:You must excel in the arts and achieve higher levels of achievement than most. For example, it should be a recognized figure, leader or well-known person in the field, someone who has done this.
• For film or television industry personalities:For example, you need to be recognized as having a higher skill level than others and that you are a leader and figurehead in your field.

In addition, you will need to travel to the United States to temporarily work in your specialty.

How to apply for O1 visa?

The steps you and your employer need to follow when applying for an O1 visa are:

1. Your employer files a petition with the USCIS on your behalf.
2. You submit Form DS-160.This is the electronic application form that anyone applying for a US visa must submit.
3. You pay the O1 visa fees.
4. You make an appointment for a visa with the nearest US mission.
5. Gather the necessary documents.
6. Attend the interview at the US Embassy or Consulate and present the documents.

Below you will find the application steps.

1. Petition to the USCIS

Your US employer or agent must complete and submit the form.Form I-129, Petition for a Nonimmigrant Workerno USCIS,pay the application fee and submit the necessary documents. The application fee is $460.

You may submit the application to any of the USCIS Service Centers in California, Nebraska, Vermont or Texas at least 45 days prior to the commencement of your employment, but no earlier than 1 year.

After USCIS reviews the petition, they will "notify" your employer/representative of their decision. If the decision is positive, you can start the application process.

2. Submit Form DS-160

DS-160 formulaIt is an online application form. You can find it on the Consular Electronic Application Center website.

After completing the form, you must print the confirmation page and attach it to your document file.

3. Pay the O1 visa fee

Anyone applying for a US visa must also pay a feethe visa fee. As the O1 visa is based on a petition, the application fee is $190. You can pay the fee online or through a bank, but be sure to keep your receipt as you will need it on the day of your appointment. visa.

4. Schedule an interview

After completing Form DS-160, you will need to make an appointment at the US Embassy. You can do this online throughustraveldocs.comif you order from asia thatais.usvisa-info.comif you apply from elsewhere.

5. Gather the necessary documents

You must gather the necessary documentation for your O1 visa application in the time between the appointment appointment and the actual appointment date. You will need to present your passport, visa fee receipt, employment contract, USCIS decision notification, evidence of exceptional ability in your field, etc.

When applying for an O1 visa, you need to collect the following documents:

• A written request from someone with experience in your field. Depending on the area of ​​expertise, this could be a peer group or a work/management organization.
• A copy of the written employment contract. The contract must contain a summary of the agreement under which you will be employed.
• A document explaining the activities and events you will participate in. It should include the type, start and end dates and an itinerary of these activities/events.
• Evidence of your exceptional ability or achievement. For example, evidence that you have received an award, published articles relevant to your field, contributed original research to your field, are a member of a highly respected association or organization, or have received a high salary for your skills and contributions, etc.

When you show up for your appointment and interview at the US Embassy, ​​you will also need to have the following documents with you:

• Her passport. It must be valid at the time of application and six months after intended departure from the United States.
• The form DS-160 confirmation page.
• Cover letter for the job interview
• A photo of you thatmeets US Department of State requirements..
• US Citizenship and Immigration Services Permit Notice I-797.
• Proof that you have paid the MRC (Machine Readable Visa) fee.

6. Attend the interview

On the day of your appointment, you will need to submit your paperwork and attend an interview with the visa officer. They will ask you questions about your qualifications, how long you have been working in your field, why you need to come to the US to advance your career, and similar questions. The interview is one of the most important aspects of your visa application.

Once this is done, you will have to wait for the visa to be processed and you will soon hear of a decision.

Can I get a green card with an O1 visa?

As the O1 visa is a non-immigrant visa, it does not directly result in a green card. However, what you can do is switch to aShow EB-1, which is a green card for people with exceptional ability in their field.

How to switch from an O1 visa to a green card.

How long does it take to process the O1 visa?

The USCIS takes two to three months to process your O1 visa application. There is also the premium processing option, which provides a response within 15 days, but costs $1,500 (price increased from $1,440 in October 2020). In contrast, regular processing costs $460.

Can I bring my relatives?

Yes, you can bring your dependents to the US if you have an O1 orvisor o2.Your family members must applyVer O3. Family members who can apply for a visa to accompany you as family members to the United States are:

• your spouse
• Your child under 21

You can apply at the same time as you or after you have already settled in the United States. The application process is similar to your own visa, but you don't need to apply to the USCIS.

Your family members cannot work in the United States on an O3 visa, but they can study.

How long is the O1 visa valid for?

The O1 visa is initially valid for a maximum of three years. If you need to stay longer in the United States, your employer or agent must submit a new application, along with:

• Form I-129, Petition for a Nonimmigrant Worker
• A copy of your Form I-94, Arrival/Departure Record
• An explanation of why the extension is needed. In the declaration, your employer must explain what work you were originally granted the visa for and that the extension is necessary for you to continue working in the same job or mode.

If you want to continue working but with another employer, your new employer must also submit a new application.

What alternatives are there to the O1 visa?

If you do not qualify for the O1 visa, you may have the following alternatives:

• H-1B Special Occupation Visa.This is one of the most popular US visas issued to non-US citizens working in skilled jobs such as engineering, healthcare or computers.
• L-1 Corporate Director Visa.This is the type of visa you should apply for if you are transferring from a foreign company to a US-based company where you hold a managerial or managerial position or have specialized knowledge.
• TN See.This visa is available to citizens of Mexico and Canada under the United States-Mexico-Canada Agreement who work in engineering, finance, law, or other professional fields.
• One of the P visas.
  • P-1A​​Athletenvisum.You can apply for this visa if you are an individual athlete or part of a group or coach coming to the United States to temporarily participate in a sporting event.
  • P-1B entertainment visa.You can apply for this type of visa if you are an artist coming to the United States temporarily for a performance.