The Top 5 Misunderstandings about the O-1 Visa

November 4, 2020 by admin

Professionals with extraordinary talent/skills in their field of work can apply for the O-1 Visa. However, there are so many misconceptions tied to this visa type, here are the top five that we have debunked.

The O-1 status allows change of employer

Photo by: Tiko Aramyan, Shutter Stock

There is so much confusion about this, since the employer is the sponsor, anytime the foreign national decides to change jobs they will need to change the sponsor. So, every time they change jobs they will have to file a new petition.  

The O-1 is just for artists 

The O-1 is for individuals who possess extraordinary ability in any field. The O-1A is for individuals with extraordinary ability in the sciences, education, business, or athletics, while the O-1B is for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.  

 I can be my own sponsor 

This is not always true and the only time you can sponsor yourself is through your own business. Only a US-based company or agent can sponsor The O-1 visas. But foreign national O-1 beneficiaries cannot sponsor themselves. The agent is the representative of both the employer and the beneficiary; Under very limited scenarios it is possible for that US business to sponsor the O-1 entrepreneur.

 I have an O-1 so USCIS will approve all future O-1 petitions

A different USCIS officer reviews the case, every time it is submitted. There is no designated officer for one person. Also, since, immigration rules and regulations are always changing the guidelines in place at the time of the original approval may no longer be valid when a subsequent case is filed.

The O-1 visa is for freelancers 

freelance work visas are gaining popularity across the world especially due to the current Pandemic situation. But in the United States, there are no such provisions and nearly every work visa in the US must be sponsored by a US company or agency. The O-1 visa will only allow a foreign national to work in the US through the US company that sponsors the O-1 petition. 

For more information about the O-1 Visa contact us at: [email protected]