What is an O-1 Visa?

The O-1 Visa is a temporary U.S. work Visa for people who demonstrate extraordinary ability in their field, whether that be the arts, sports, business, education, or the sciences. It allows you to work in the U.S. for a specific employer for up to 3 years, with unlimited extensions in 1-year increments.

Who is eligible for an O-1 Visa?

Getting an O-1 Visa is one of the best ways for startup founders, researchers, engineers, and artists to gain access to the largest economy in the world. The basic idea behind this classification is that a foreign national with a proven track record should be allowed to enter the United States on this merit in order to apply these skills in the U.S. for the benefit of the country.

There are no specific industry requirements, salary minimums, or required degrees. It is not just a Visa reserved for Nobel prize winners or celebrities. Anyone with the right credentials can qualify.

Is employment a requirement for an O-1 Visa?

Yes, the O-1 Visa is an employment-based Visa and so you need an employer or agent to apply. While self-petitioning is not possible, a U.S. company owned by the O-1 beneficiary may be eligible to file this petition. This is a great option for international startup founders.

How to demonstrate “Extraordinary Ability”

You qualify for an O-1A Visa if you have won a major internationally recognized award, such as an Olympic medal or a Nobel Prize, OR you have at least three of the following criteria:

01

Received prizes or awards for excellence in the field.

02

Hold valid membership in associations that require outstanding achievements of their members.

03

Have been featured in published materials from professional publications or major media.

04

Participated as a judge of the work of others in the field.

05

Produced original contributions of major significance to the field.

06

Authored scholarly articles in the field.

07

Held a leading/critical role for distinguished organizations in the field.

08

Earned a high salary (relative to others in the field).

If you are an artist, you will need to apply for an O-1B category. You can read more about this category here.

What are the estimated timelines to obtain an O-1 Visa?

O-1 Visa processing time is relatively short. The filing of a typical initial O-1 petition averages 8-12 weeks to prepare. The USCIS normally processes O-1 Visa petitions within 2-3 months. If you want to expedite your application process, you can apply for premium processing which brings the processing time down to 15 business days. You can apply for an O-1 Visa from either inside or outside the U.S.

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