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United States awards O1 visas to individuals who show ‘extraordinary ability’ in a particular field. The visa category is further divided into two categories, namely O1-A and O1-B.
The O1-B visa is awarded to individuals who possess extraordinary abilities specifically in arts, or have mustered extraordinary achievements in the motion industry or television.
The O1-A visa is offered for extraordinary abilities in all other fields including science, business, and athletics.
This type of visa allows you to stay and work in the U.S. with a lot of flexibility, compared to other work visas. However, the requirements for this visa category are stringent.
If you believe you qualify for this visa category due to an ‘extraordinary ability’, it is best to first consult an immigration law firm and ascertain if you may qualify for this prestigious visa status.
O-1A Requirements
Comparable evidence could be given where the listed criteria are not readily applicable to the beneficiary’s occupation.
O-1B Requirements
For an O-1B visa, applicants must have won a major award, such as an Oscar or Grammy, or show evidence of at least three of the following:
To receive an O-1 visa, an employer must file Form I-129 along with a written advisory opinion from an industry peer group or labor union. If an O-1 Visa is sought for someone in motion pictures or television a written advisory opinion must be obtained from a management organization and an appropriate labor union. A copy of the contract between the employer and the O-1 visa beneficiary must be filed. If the contract is oral, a summation of the terms must be filed.
An itinerary is essential and must be filed including an explanation of the nature of events the visa beneficiary will participate in and their beginning and ending dates.
Processing Times
Once we file all the information and documents on behalf of you, USCIS will make a decision on the application. Due to the O-1 visa processing time, it is important for everything to be filed at least 45 days before entry into the United States is sought.
Our qualified O-1 visa attorney can help make sure that all of your documents and evidence are submitted according to the regulations and deadlines.
O-1 Processing Time
On average, the O-1 processing time is faster than that of other visas like the H-1B visa. However, you should still allot three to four months for the application to process. Because the I-129 petition’s processing time is dependent on the service center that is responsible for processing it, determining the exact amount of time to expect can be difficult.
Premium Processing
If you are pressed for time and have a need to expedite your O-1 processing time, then opting for the USCIS premium processing service may be a good option. This feature, for a fee of $2,805 will obligate the USCIS to process your petition in 15 calendar days or less. If it is not processed in this amount of time, the USCIS will refund your fee.
However, many people believe that premium processing will help increase your chances of being approved or even guarantee approval. This has never been the case. Premium processing only speeds up the time it takes the USCIS to come to a decision about your petition.
Applying for a Green Card on O1 Visa
If you have an O1 visa, you can apply for a green card and seek permanent U.S. residence. You may do so in two ways:
Employer-sponsored green card application: You can explore several employment-based green card options with the flexibility offered by your O1 visa. However, you will need to have an employer who is willing to sponsor your application.
Self-sponsored green card application: You can build up your portfolio and then file an EB1 green card application. In this case, you will not require an employer to sponsor your application.
It is best to consult an experienced immigration law firm to see which of the two options best suits your circumstances.
How Can Our Immigration Attorneys Help?
Our immigration attorneys have extensive experience in helping O-1 visa applicants. Our immigration law firm advises and guides you before, during, and after the visa application process. We also help you make the best decisions when seeking a green card permanent residence on an O-1 visa.
1000-91, Houston TX 77056
