O1 Visa USA: Get Advice from Our Lawyers

The O1 visa (both O-1A and O-1B) is for main applicants (those with extraordinary ability and/or achievements). The O2 visa is not a separate category of visa, but it is used for those accompanying the main applicant, be it as family or support staff.

For example, an athlete or artist may need a supporting entourage in order for them to perform or do their work. Likewise, family members can join the main applicant (O1 visa holder) on the O3 visa. They may apply concurrently (at the same time) or link their application to the main O1 visa applicant later.

O1 (O1-A & O-1B) for Main Applicants

• O-1A: For individuals who have an extraordinary ability and/or achievements in the areas of sciences, education, business or athletics (not including the television or motion pictures industries)
• O-1B: For individuals who have an extraordinary ability and/or achievements in the arts or motion picture/television industries

O2 & O3 – For Accompanying Staff and Family

• O-2: For those who will accompany an athlete or artist to a specific event or performance in the U.S
• O-3: For those who are the spouse or children or either an O-1 or O-2 Visa holder.

The standard for being granted the US O1 visa is very high, and anyone looking to obtain an O-1 Visa will need to prove they meet the criteria. If you’re accomplished in your field of work and have extraordinary achievements or abilities then you may be eligible for the O-1 Visa.

To qualify, applicants must meet the following requirements:

• For sciences, education, business or athletics: applicants must be distinguished in their field
• For those in the field of arts: applicants must be distinguished and have above average achievements as a well-known, renowned or leading figure in their chosen field
• For those in motion picture or television: applicants need distinction, meaning they must be recognized as someone with a higher degree of skill than others in their industry

As an additional requirement, those making an application for an O-1 Visa must be travelling to the United States to partake in their chosen work for a specified period of time. This is the duration of time the visa will be allocated for.

If you believe you’re eligible for the O-1 Visa and would like to start your application, there are a number of steps you must take during the process.

Make a Petition (Fill in Form I-129)

The first step is getting your employer or agent in the U.S to fill out a Petition for Nonimmigrant Worker, also known as the Form I-129, with the USCIS. Once that’s submitted, the USCIS will process the petition and give your employer or agent a decision on your application. If your application is approved, you can then move onto the next part of the process which is completing the DS-160.

Completing Digital Application (Form DS-160)

The DS-160 is a digital application form that you must fill out yourself. You can find this form online at the  Consular Electronic Application Center website. Once you’ve completed this form, you must print out the confirmation page. This will be taken to the interview later in the process.

Pay the Fee

Next, you’ll need to pay the O-1 Visa fee. When you attend your face-to-face appointment, you’ll need to show proof that this has been paid so whether you pay online or via bank transfer, remember to save your receipt.

Schedule your interview

Once your DS-160 has been submitted and you’ve paid your application fee, the next step is to make an appointment at your nearest U.S embassy. The website you should use to schedule this appointment will depend on your location: if you’re in Asia you should use ustraveldocs.com. If you’re located anywhere else, then you do this on ais.usvisa-info.com

Gather documents

A key part of the application process is gathering the supporting documents required for your visa interview. These are separate from the evidence submitted to USCIS with your petition and help the consular officer establish that you meet the requirements of your visa, your reasons for travelling to the U.S. are genuine and you are who you say you are.

The documents you’ll need to prepare include your passport, DS-160 confirmation page, petition receipt number and, where required, your fee payment receipt. We’ll list the supporting evidence in more detail further down in this guide.

Attend your interview

The final main part of the process is attending your interview. When attending the interview, it’s important you remember to take all of your required supporting documentation.

During the interview, you’ll be asked a series of questions to determine why you intend to travel to the U.S., and you may also be asked about your achievements and proposed work in your field. Remember to be honest and answer the questions clearly.

Once you’ve completed your face-to-face appointment, you should follow any further instructions and wait for a decision. Some applications require additional documents or administrative processing, so the time it takes to receive a final decision can vary.

If you’re granted an O-1 Visa, initially you’ll be permitted to stay in the U.S for a maximum period of 3 years.

Once that initial time period has expired, you can apply for extensions to your visa. These extensions are only obtainable in 12-month increments.

Although you’ll be extending a pre-existing visa, you’ll be required to complete much of the original paperwork again. You’ll be required to submit a new application, along with the following:

• Form I-129, petition for nonimmigrant worker
• Copy of your Form I-94, as well as details of your arrival/departure in the U.S
• A statement detailing why the extension is needed. Your employer should set out the reasons why you came to the U.S, and they must also confirm you intend to work in the same activity if your extension is granted

It’s likely that anyone making an application for an O-1 Visa will want to know how long it usually takes to process this type of visa. After all, many who need to enter the U.S with n O-1 Visa may have deadlines to meet.

While it’s impossible to predict exactly how long you’ll be waiting for a decision, the process usually takes between 2 and 3 months.

For those who cannot wait that long, there’s the option to fast-track your application with Premium Processing, which will mean you have a decision on your application within 15 days.

Keep in mind that any missing documentation or paperwork filled out incorrectly is likely to cause severe delays, so it pays to make sure everything is in order when you submit your application.

For an O1 visa (extraordinary ability) application, the main U.S. government costs are currently:

• Form I-129 Petition: $1,055
• DS-160 Visa Application Fee: $205.00
• Asylum Program Fee: $600
• Premium Processing (Optional): $2,805

If you are granted an O-1 or an O-2 Visa then you’ll be permitted to bring with a spouse, as well as any children under the age of 21. They can apply for an O-3 visa.

Dependents can apply either at the same time as you or after you’ve settled in the U.S. The application process is similar in nature to the O-1 Visa, although there’s no petition required for dependants.

The conditions of an O-3 Visa are different to that of the O-2 Visa and O-1 Visa. The most important distinction is dependents won’t ordinarily be able to work while in the U.S., although they can undertake studies.

A strong O-1 Visa petition needs more than a list of your achievements. Our immigration lawyers can assess whether you qualify, identify the strongest evidence for your case and help you address gaps before your employer or agent files the petition.

Whether you need an initial eligibility assessment, a review of your supporting documents or assistance throughout the application process, we offer tailored support to suit your needs.

Email us or call +1 844 312 4979 today to discuss your O-1 Visa application and find out how we can help.

What are the Benefits of an O-1 Visa?

There are a host of benefits that O1 visa holders enjoy in the U.S. These benefits include:

• Extendable three-year validity; you have the permission to extend without limit for a year increment, depending on the individual situation.
• Can use while awaiting/applying for green card
• Can bring family and support staff
• A faster application process, which can take between 2-6 months.
• Smaller volume of annual applications; USCIS does not limit the number of O-1 visas issued year as there are small volumes of applicants for this visa category.
• High approval rate, the approval rate for an O-1 visa is around 80-95% each year, and it can also vary depending on the service center processing the application.

What are the common reasons for O1 visa refusal?

Below are some common reasons why your O1 visa application is rejected.

• Failing to provide sufficient and compelling evidence of your extraordinary ability can lead to a denial.
• If your category requires an advisory opinion, not obtaining one or receiving a negative opinion can be detrimental.
• Inconsistencies or incomplete information in your application can raise red flags.
• If you do not meet the criteria for extraordinary ability or achievement in your field, your application can be denied.
• Problems with your sponsoring employer, such as not having a genuine job offer, can lead to refusal.
• If you have a criminal record, immigration violations, or other legal issues, it can affect your eligibility.
• Consulting with an experienced immigration attorney like our team at Total Law who specialize in O-1 visas is highly recommended. We can provide guidance on the specific requirements for your case and help you compile a strong application, increasing your chances of O-1 visa approval.