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O-1 Visa

What is the O-1 visa?

The O-1 visa can be seen as the temporary version of the EB-1A visa, with similar requirements (sometimes less stringent) and a faster processing time. Clients will still need to apply for EB-1A or other permanent worker visas if they want to eventually apply for a green card. Also, clients will need an employer sponsor.

Comparison to Other Common U.S. Visa Types

Other Temporary Worker visas:

  • H-1B: Specialty occupations - requires employer sponsorship, annual lottery process with low rates of selection due to high number of applicants

  • L-1: Intracompany transferees - can only be used by employee transfers from international companies

  • E-1/E-2: Treaty traders and investors - can only be used for international trade professionals or business owners

  • TN: NAFTA professionals - specialized occupations for citizens of Canada and Mexico only

Requirements

Because the EB-1 and O-1 visas are granted on the basis of extraordinary ability, the way that your application package is put together is extremely important in the rate of success. Each client has very different credentials and abilities and the Crimson team is solely dedicated to understanding every client’s and building a highly personalized and cohesive application package.

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To qualify for an O-1 visa, you must demonstrate extraordinary ability in the sciences, education, business, or athletics fields (O-1A), or a record of extraordinary achievement in the motion picture and television industry (O-1B), and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

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O-1A (Sciences, education, business, or athletics)

You must meet at least 3 of the 8 criteria below, or provide evidence of a one-time major achievement, as well as evidence showing that you will be continuing to work in the area of your expertise:

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  • Documentation of receipt of nationally or internationally recognized prizes or awards for excellence in the field

  • Documentation of membership in associations in the field, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields

  • Published material in professional or major trade publications or major media about you, relating to the your work in the field

  • Evidence of participation on a panel, or individually, as a judge of the work of others in the same or an allied field of specialization

  • Evidence of original scientific, scholarly, or business-related contributions of major significance in the field

  • Evidence of authorship of scholarly articles in the field, in professional journals, or other major media

  • Evidence that you have been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation

  • Evidence that you have either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence

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O-1B (Motion picture or television industry)

You must meet at least 3 of the 6 criteria below, as well as evidence showing that you will be continuing to work in the area of your expertise:

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  • Performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation

  • Achieved national or international recognition for achievements, evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications

  • Performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation

  • Record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, or standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications

  • Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field

  • Commanded or will command a high salary or other substantial remuneration for services in relation to others in the field

Timeline and Process

O-1 visas typically take 4 to 6+ months to process depending on the number of applications being processed at the time and the competency of the application being submitted. Therefore, it’s imperative to start working with us as early as possible to ensure a timely result.

 

Typical Process Steps:

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  1. Determine Eligibility:

    • Ensure that you meet the eligibility criteria for the O-1 visa, demonstrating extraordinary ability or achievement in your field.

  2. Find a U.S. Employer or Agent:

    • Unlike some other visa categories, the O-1 visa requires a U.S. employer or agent to act as the petitioner on behalf of the beneficiary (the person applying for the visa).

  3. Employer Files Form I-129, Petition for a Nonimmigrant Worker:

    • Your U.S. employer or agent must file Form I-129 with the United States Citizenship and Immigration Services (USCIS). This form is the petition for a nonimmigrant worker and includes supporting documentation to establish your extraordinary ability or achievement.

  4. Include Supporting Documentation:

    • Gather and submit evidence to support your O-1 petition. This may include letters of recommendation, awards, publications, media coverage, and any other documentation showcasing your extraordinary abilities or achievements.

  5. USCIS Approval:

    • Once USCIS receives the petition, they will review the materials and make a decision. If approved, your employer will receive a Notice of Action (Form I-797).

  6. Consular Processing (if outside the U.S.):

    • If you are outside the U.S., you will need to apply for a visa at a U.S. embassy or consulate. Follow the instructions provided by the embassy or consulate, which may include an interview.

  7. Enter the U.S.:

    • Upon visa approval, you can enter the U.S. up to 10 days before the employment start date listed on your approved Form I-129.

  8. Duration of Stay and Extensions:

    • O-1 visas are typically granted for an initial period to cover the specific event or project. Extensions are possible, and the total duration of stay can be up to three years initially and then in one-year increments.

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