Maintaining O-1 Status

The key to maintaining your O-1 visa status is meeting the requirements of this visa category. The O-1 visa is designed for foreign nationals with extraordinary achievements.

The O-1 visa is also one of the US visa options for freelancers, the self-employed & influencers.

You make your case to USCIS by showing the following criteria:

For the O-1A you need three of the following criteria:

• A lesser award with national or international recognition
• Membership in an organization that requires extraordinary ability to join
• Published material relevant to your field
• Significant contributions to your field
• Scholarly articles in your field
• Commercial success or evidence of high pay as proof of your ability
• Judging the work of your peers, on a panel or individually
• Holding critical roles at well-known organizations in your field

Note: an internationally recognized award on the level of a Nobel Prize is fully sufficient to meet the criteria above.

For the O-1B you need three of the following criteria:

• Evidence that you have performed and/or will perform a lead role in a distinguished production
• National or international recognition for your achievements
• You have played a lead role in a distinguished program, performance or organization
• Notable commercial success, documented by reviews, newspapers or publications
• Recognition from organizations in your field for your extraordinary achievements
• A salary that proves your expertise

Keep these requirements in mind when you file for an extension or a transfer. Maintaining your O-1 visa status is everything if you want to keep living and working in the USA on this visa.

Want to travel to the United States without a visa? Find out everything about the ESTA application here.

1Requirements for maintaining O-1 status

The O-1 is one of the most attractive nonimmigrant work visas: you can extend your status an unlimited number of times and stay in the United States for as long as you can justify your extension requests. Simple as that sounds, there are certain requirements you must meet to keep your O-1 status. Pay particular attention to the following:

1.1Authorized period of stay

The O-1 visa can be granted for an initial stay of three years. After that, you can apply for an unlimited number of extensions of up to one year each, as long as you hold valid employment authorization. It is important that you respect the period of stay on your I-94 record. If you want to extend your stay, you must file before your current visa expires.

If the petition is not filed on time, you risk falling out of status, which makes maintaining O-1 status very difficult. USCIS allows you to file the extension up to one year before the date you need the extension from, which is usually before the expiration date on your I-94. You do not have to file that early, but we recommend waiting no later than 45 days before the expiration date.

2Material change to your O-1 employment authorization

When you apply for an O-1 visa, your employer must file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. Your employer must also file a new form whenever there is a "material change" in your employment. Unfortunately, there is no precise definition of a material change, but there are a few guidelines:

• Moving to a new workplace or location, especially if the new location is in a different city
• A change of job title, position or salary, for example a promotion or a role with new duties, especially with a new salary
• You get fewer hours or a lower salary
• You switch from full-time to part-time or vice versa
• You quit your job or are let go
• Your company changes fundamentally, for example through mergers, acquisitions or a change in its Federal Employer Identification Number

Some changes may be so minor that an amended petition is not needed. Still, it is important to make sure that neither you nor your employer has to file something. Because the concept of a material change is so unclear, it is best to work with an immigration attorney who can spot warning signs that could put your O-1 status at risk.

3How to handle certain changes to your O-1 employment authorization

3.1Concurrent O-1 employment

If you want to work for more than one employer while on O-1 status, each employer must file a separate I-129 petition before the employment begins. This is known as concurrent O-1 employment.

3.2End of employment

If your employment with your employer ends, the O-1 status based on that employment ends too. You then have two options: file another O-1 petition for your new employment, or leave the United States.

If you go for a new position or a new employer, the new employer must file a new O-1 petition before your current employment ends. There must be no gap in your O-1 status.

3.3Material changes

If there are material changes to your employment, your employer must file a new O-1 petition for the new work before it begins. Material changes include, for example, a new position or title, a move to a new department or a new job description.

4Changing employers

There are certain requirements you must meet to maintain your status when you change employers. If you change employer or position, your new employer must file a new Form I-129. If the petition was originally filed by an agent, the agent must file an amended form with evidence from your new employer. The petition must be filed together with the extension request.

For athletes on an O-1 visa, there is a small difference. When an athlete on an O-1 visa changes teams, their employment authorization carries over to the new team for up to 30 days. Within those 30 days, the new team must file Form I-129 for the athlete. If the new team has not filed by the end of the 30 days, the athlete loses their work authorization. If the petition was filed on time but denied, the athlete also loses their work authorization.

5International travel on O-1 status

If you need or want to travel outside the United States, you can leave and return on an O-1 visa. To re-enter the United States, however, you will need a few important documents.

• A passport that stays valid for at least 6 months beyond your O-1 expiration date.
• A valid O-1 visa stamped in your passport (in most cases, though there are some exceptions). If your stamp has expired, keep in mind that visa stamps are not issued inside the USA. You can, however, get your passport restamped at a US consulate or embassy. Check your stamp's expiration date before you travel abroad on an O-1 visa.
• You need Form I-797, Approval Notice. This is a multipurpose form issued by USCIS. It proves that the government has approved your O-1 visa status in the USA. It confirms your employer's petition to classify you under a specific visa (in this case the O-1), and it can also serve as proof of a visa extension. It can also show that you are a qualified noncitizen for entry or reentry into the USA.

When you cross the border into the USA, make sure you carry all the documents listed above. Be patient and answer every question clearly. False or missing information can lead border officers to deny you reentry.

Travel between the USA and neighboring countries such as Canada and Mexico follows different procedures. You may qualify for automatic visa revalidation, with no need to apply again at an embassy or consulate. You can qualify if you meet the following criteria:

• You stayed in Mexico or Canada for less than 30 days.
• You are not a citizen of a country the government designates as a state sponsor of terrorism. The countries currently on this list include Cuba, Iran and North Korea.
• You hold a Form I-94.

6Key factors

To maintain your visa status, there are several other things you need to keep an eye on and keep up to date. Before you travel, check your passport's expiration date. Whether you are a student, an athlete or a businessperson, you need a valid passport for the entire length of your stay.

Your passport should be valid for about six months longer than your visa. If you need to renew your passport, it can take a while depending on the process in your home country. If you renew your visa and extend your stay beyond your passport's expiration date, you will need to renew your passport as well.

When you enter the USA, you fill out Form I-94. It records where you are traveling and the address where you are staying. If your address changes, you must file Form AR-11 with the Department of Homeland Security. You can also report your change of address online using the USCIS form.

If you choose to file a paper Form AR-11 instead of using the online method, keep a record of everything you send to DHS. Keep a copy of your AR-11 form and ask for a postal receipt. If problems or discrepancies come up along the way, you can prove you filed the right paperwork on time. Take a look at our complete guide to the O-1 visa for more on related topics.

7Your family members

If you or your employer decide you need to stay in the USA and file Form I-129 to extend your visa, your spouse and children must apply for an extension too. Your spouse and all dependents (unmarried children under 21) must file Form I-539.

Your family members can all file a single form together with the supporting documents. It is recommended to file Form I-129 and Form I-539 together to avoid mix-ups, so they are processed at the same time. Since they are technically separate filings, though, make sure you submit additional documents for yourself and your family members, such as passports and the like.

8Frequently asked questions about O-1 status

8.1Can I apply for my O-1 visa myself?

No, you cannot petition for your O-1 visa yourself. The petition must be filed by a US employer or agent. What you can do, however, is sponsor your O-1 visa through your own company.

8.2What happens to my status if my employment ends?

If your employment ends, you can no longer maintain your status under that specific employment authorization. Unless you have another valid O-1 petition, you must leave the USA once your employment ends. In that case, your employer is required to pay for your return transportation to your home country.

8.3Can I work for more than one employer?

Yes, you can work for several employers while on an O-1 visa. This flexibility is in fact one of the advantages of the O-1 visa. Keep in mind, though, that you may only be employed by a company that sponsors your O-1 petition. So you cannot simply start working for any employer you like. Every employer that needs your services must file a separate petition for the specific work you are hired to do.

8.4I have family members on an O-3 visa. What do they need to do to maintain their status?

Your O-3 spouse and children must also extend their visas to keep living in the United States. They must file Form I-539 if they will be in the USA when their current status expires. If they are outside the USA, they simply go through the entry process by applying for an O-3 visa at a US embassy or consulate abroad.

They can apply for O-3 admission at a US port of entry. They must also follow the rules of their O-3 status. O-3 visa holders, for example, are not allowed to seek employment in the USA. They may only enroll in full-time or part-time study. How long they can study depends on the authorized stay of the O-1 worker.

For anyone moving to the USA, getting a Social Security Number is a key step to taking part in everyday American life. Here is everything you need to know about the US Social Security Number.

In short

• The O-1 is first granted for up to three years and can then be extended in increments of up to one year.
• A material change in your employment, additional employers or a change of employer all require a new petition on Form I-129.
• To reenter, you need your passport, a valid visa stamp and the I-797 Approval Notice.
• Report a new address with Form AR-11 or online; spouses and children extend with Form I-539.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.
• Moving to the USAVisa, bank account, taxes and where to live: your move with Mount Bonnell Advisors.