Benefits of the O-1 Visa

This category offers huge advantages, but getting an O-1 visa is no easy feat. You have to prove that you are a foreign national of extraordinary ability, and that claim needs to be documented in detail. In this article you will learn how to qualify and how the benefits of the O-1 visa apply to your case.

1Overview

First, some background on the O-1 visa so you can properly weigh its benefits and requirements. A visa for people of extraordinary ability means exactly that: you can demonstrate extraordinary ability. That may sound like a broad statement, but USCIS has very specific criteria that count as evidence of extraordinary ability.

There are two subcategories of the O-1 visa, equal in standing but different: O-1A and O-1B. The O-1A visa is for people who have shown extraordinary ability in science, athletics, business or education. Here is a list of the O-1A criteria:

• A major international award such as a Nobel Prize or an Olympic medal
• A lesser-known award that is nonetheless recognized nationally or internationally
• Membership in an exclusive organization related to your field
• Mentions of your work in professional publications
• Scholarly articles you have written in your field
• Other significant contributions to your field
• A high salary
• You serve on a panel or jury judging your peers
• You hold key positions at distinguished organizations in your field

The O-1B is aimed more at creative talent, such as actors and artists. Its criteria differ slightly from those of the O-1A. You need to show:

• A prestigious award such as an Oscar or a Grammy
• A lead role in a well-known production
• National or international recognition for your achievements
• A key role in a well-known organization
• Reviews, publications or other press pointing to your commercial success
• A high salary
• Recognition of your achievements by distinguished organizations

A top-tier award such as a Nobel Prize or an Oscar is more than enough. If you don't have an award of that caliber, you must meet at least three of the other criteria on the list above.

The list is also not exhaustive, and additional evidence can be used. Your attorney can help you decide which evidence best supports your case.

The O-1 visa is also one of our 6 visa options for freelancers, the self-employed & influencers.

2Benefits of the O-1

Now that we know the specific requirements of this visa, let's look at the benefits that come with the O-1. We cover the following topics:

• Costs
• Sponsors
• Validity
• Assistants and family members
• Green card process

2.1Costs

Compared with other nonimmigrant visas, the O-1 is relatively affordable. You pay a base fee of $1,055 for the I-129 petition ($530 for small employers and nonprofits), plus a $205 fee for the DS-160 online application (only if you are outside the US and go through consular processing). You can also pay $2,965 for premium processing to cut the processing time for your I-129 from the usual six months to just 15 business days.

All in all, the O-1 visa costs between roughly $530 and $1,260 without premium processing, depending on your situation. Compared with the hefty H-1B fees, which sometimes exceed $6,000, and the sizable investment of often $150,000 or more for the E-2 visa, the O-1 visa is a bargain.

3Who can sponsor me?

We are often asked whether you can file the O-1 petition yourself. That is possible for categories like the E visa, but not for the O-1.

So why do we list it as a benefit of the O-1 visa? Because of the flexibility you have in choosing your sponsor. Most visas that require a sponsor expect it to be the employer. But since O-1 applicants are often contracted rather than permanently employed, the sponsor can be either an employer or a US agent.

An agent is someone who acts as a representative for the O-1 applicant's employment and interests. This means you don't have to tie yourself to one employer or chase a job offer to qualify for the O-1. All you need is someone who represents you and sponsors your visa. That person must, however, represent you for your entire stay.

You can also go through a direct employer. In that case, that employer must be your only employer. You cannot switch from one to another to maintain your status, and you must apply for a new O-1 visa to keep working once your contract with your employer ends.

For some time now, there has also been the option for you as the applicant to set up your own US company and have it sponsor you. This route works especially well for EU tech startup founders, among others.

4How long is the O-1 visa valid?

This is where the O-1 visa really pays off. Most other visas limit how long you can stay. The H-1B allows six years, the L-1 five to seven, and the J-1 five years on average. The O-1, by contrast, grants an initial stay of three years but allows unlimited extensions. That means you can live and work in the US for as long as you hold O-1 status and meet the requirements for an O-1 extension. Extensions are granted in one-year increments and are not guaranteed.

To apply for an O-1 visa extension, you need to submit the following:

• Another Form I-129, including the filing fee
• A copy of your I-94 arrival/departure record with an unexpired departure date
• A written statement from your agent or employer explaining the reason for the extension and why your continued presence in the US is needed

For the details, read our article How to make your O-1 visa extension a success.

5Assistants and family members

Another benefit of the O-1 visa is that you can bring your family with you under O-3 status, which is granted to your spouse and unmarried children under 21. Their visa is valid for the same period as yours, and if you get an O-1 extension, it carries over to your family.

You can also bring assistants who are essential to your work in the US under O-2 status. As with O-3 family members, their status depends on yours. If your status is extended, so is theirs. If yours is revoked, theirs is affected too. O-2 holders can also bring their own family members under O-3 status.

Finally, O-2 and O-3 visa holders can convert their status to permanent residence, which is what we turn to next.

6From O-1 visa to green card

Immigration law has a concept called "dual intent". It refers to a nonimmigrant visa that lets the holder pursue lawful permanent residence (a green card) while still a nonimmigrant. Not every visa allows dual intent. Notable exceptions include the J-1, TN and B-1 visas.

The O-1 visa, however, is one of the dual intent visas, so applying for a green card will not jeopardize or otherwise harm your status. For many people, this is the single biggest benefit of the O-1 visa. If you'd like to make your life in the US permanent, here's how to get from O-1 status to a green card.

First, you need to decide which green card to apply for. Because the qualifications are so similar, most O-1 holders choose the EB-1A for foreign nationals of extraordinary ability or the EB-1B for outstanding researchers and professors. Neither requires PERM labor certification, and the EB-1A needs no job offer and no employer, a big advantage that lets you carry your O-1 achievements over. You can also try to qualify for the EB-2 green card, which does require PERM, a job offer and a sponsor.

Once you have decided which green card to apply for, an I-140 petition has to be filed. Depending on the green card, either you or your employer files it, because your O-1 agent cannot file a petition on your behalf. The day USCIS receives your petition becomes your priority date. It is your responsibility to follow the monthly Visa Bulletin and keep track of the final action date. As soon as the final action date for your green card category and your country matches or passes your priority date, a visa number becomes available and you can move on to the next step.

When your priority date is current, you can file Form I-485 with USCIS, together with the fees, to adjust your status from O-1 to green card holder. Depending on the green card you choose and the dates shown in the Visa Bulletin, this can take several years or just a few months. Talk to your immigration attorney to learn more about your individual case. We compare the two routes in our article O-1 visa or EB-1 green card?

Depending on your situation, the H-1B visa, or rather the H-1B visa lottery, can be an alternative to the O-1 visa. You can find out exactly how it works here.

In short

• Compared with other nonimmigrant visas, the O-1 is relatively affordable.
• Your sponsor can be an employer, a US agent or your own US company.
• After three years, the O-1 can be extended in one-year increments with no upper limit.
• Spouses and unmarried children under 21 come on an O-3, essential assistants on an O-2.
• The O-1 allows dual intent, and many holders go on to the EB-1A or EB-1B.

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.