O1 Visa to green card: Can you qualify (Ultimate guide)
If you are an artist, scientist, athlete, or business person, then you may be able to qualify for an O1 visa. This is a special visa that is given to individuals who have “extraordinary ability” in their field. In this blog post, we will discuss what the O1 visa is and how you can qualify for it. We will also provide a detailed guide on how to apply for the O1 visa. So if you are interested in learning more about this unique visa, keep reading!
What is O1 Visa
The O-1 visa is a nonimmigrant visa and is for individuals who have
- O1A – extraordinary ability in the field of sciences, education, business, or athletics,
- O1B – who has a demonstrated record of extraordinary achievement in the motion picture or television industry OR individuals with extraordinary ability in arts
and they must be recognized nationally or internationally for those achievements. Source: USCIS.gov
So then what is O2 Visa?
O2 Visa is a non-immigrant visa for those individuals who will accompany an O1 artist or athlete to assist in an event or performance
Who qualifies for O1 Visa
O1 Visa requirements? Who can apply for O1 Visa
To qualify for an O-1 visa, you must demonstrate extraordinary ability in your field by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry. You must also be coming temporarily to the United States to continue work in the area of extraordinary ability.
- Extraordinary abilities in the field of science, education, business or athletics (O1A):
You must show that you are one of the small percentages who have risen to the very top of the field.
- Extraordinary ability in the field of arts having “distinction” (O1B):
A distinction is a high level of achievement in the field of the arts, evidenced by a degree of skill and recognition substantially above that ordinarily encountered. This makes you prominent, renowned, leading, or well-known in the field of arts.
- extraordinary achievement in the motion picture or television industry(O1B):
This is evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that you are recognized as outstanding, notable, or leading in the motion picture and/or television field.
So what are the criteria for Extraordinary ability for the O1A visa category:
The supporting documentation for an O-1A petition must include evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:
- Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
- Documentation of the beneficiary’s membership in associations in the field for which classification is sought, 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 the beneficiary, relating to the beneficiary’s work in the field for which classification is sought. This evidence must include the title, date, and author of such published material and any necessary translation.
- The beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought is evidence.
- Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field.
- Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media.
- The beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
- Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services as evidenced by contracts or other reliable evidence. Source: USCIS.gov
Criteria for Extraordinary ability for O1B visa category:
The supporting documentation for an O-1B petition must include evidence that the beneficiary has received, or been nominated for, a significant national or international award in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award), or at least three of the following forms of evidence:
- Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
- Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
- Evidence that the beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;
- Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
- Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or
- Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.
Source: USCIS.gov
How to apply for O1 Visa
The process for O1 visa consists of these main steps
- Get the I129 petition filed through your employer or through the agent
- if you are already within the US then it is only a change in visa status, but if you are outside the US then you would have to complete Form DS160.
- pay the processing fee for O1 Visa.
- Schedule and attend the visa interview at the U.S. embassy or consulate with your documents.
O1 Visa fees or cost
As of the publishing date of this article for the USCIS fee :
- The cost for filing petition I129 – $460
- I907 premium processing fee(if applicable and optional) – $2500
In addition
- There is also a DS-160 processing fee if you are applying from outside the US, also called the non Immigrant visa application (considering your I129 is approved) – $190
- There is also a separate fee involved for O3 visa for the dependents (if applicable)– $190
Note: There could be other miscellaneous fees, like attorney fees, cost of obtaining evidence, and shipping fees which are not covered here.
O1 Visa processing time
please check the following link from the USCIS website https://egov.uscis.gov/processing-times/ for the official processing times.
Is O1 Visa dual intent
O1 Visa by definition is not a true dual intent visa like that of H1B or L1, but it is not necessary to maintain or prove foreign residence that they do not intend to abandon on the O1 visa and can seek permanent residency. It is to be noted that after the O-1 visa holder files for I485 (adjustment of status) they would be restricted to travel outside the U.S. until I-131 (Advance Parole) is granted or approved unlike that on H1B.
Is O1 Visa transferable
Can O1 Visa change employer?
Yes, but the new employer must file a new petition on your behalf and it is advisable to switch employers only after the new O1 visa petition is approved.
Can O1 Visa work for multiple employers?
Yes, O1 visa holders can work for multiple employers however each employer must file and receive approval on each petition. There is also an option wherein you can have your petition sponsored by an agent who can be representing multiple employers.
Can O1 Visa spouse work?
Can the spouse of the O1 visa holder work
The dependent of the O1 Visa holder, i.e. O3 Visa holders cannot work in the U.S. They can participate in a full-time or part-time study on O3 Visa
Can O1 Visa be extended?
How long is O1 Visa valid
The initial period of stay is granted for 3 years and then each extension approval is given in 1-year increment for the same employer. If you change employer you can request a new 3 Year extension for this new employer. one can file for unlimited extension under the O1 Visa category granted all the requirements are met and approved by USCIS.
Difference between O1 and EB1 Visa?
The main difference being the O1 visa is basically a non-immigrant visa whereas the EB1 visa is an immigrant visa with the intent to become a permanent resident of the U.S.
Can O1 Visa be denied?
Yes, USCIS can deny the I129 petition for an O1 visa if all the necessary criteria mentioned are not met
Is O1 visa a green card
The O1 visa is not a green card. It is a non-immigrant visa to work in the United States on a temporary basis. But if you are eligible for an O1 Visa you can eventually apply for a green card.
How to convert O1 Visa to green card
The O1 visa is a non-immigrant visa. To convert to become a permanent resident of the U.S you have to apply for an immigrant visa category which could be employment-based or Family sponsored. one could consider EB1A, EB1B, or EB2 NIW as the go-to option if you are able to qualify for the O1 Visa.
Who can sponsor O1 Visa
Typically your employer can sponsor the O1 visa and it can also be sponsored by the Agents. A U.S. agent may be your actual employer, the representative of both you and the employer, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent.
Difference between H1B and O1 Visa
The main difference being the O1 visa mainly focuses on having extraordinary ability in your field of work, whereas H1B mainly focuses on specialty occupation only. H1B visa is only valid for a maximum of 6 years whereas an O1 visa can be extended indefinitely in 1-year increments (until the project/work is complete) after the initial 3 years.
Conclusion
The O1 visa is an excellent option for foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics. If you are eligible for an O1 visa, you should definitely consider applying. The O1 visa offers many benefits, including the ability to live and work in the United States for an extended period of time. Additionally, if you eventually want to apply for a green card, the O1 visa can provide a path to permanent residency. Thus, if you are considering relocating to the United States, the O1 visa should be one of your top options.
