O-1 US visa for individuals with extraordinary ability or achievement is offered to people recognized for their achievements in certain fields. These include sciences, arts, business, education, athletics, motion picture or television industry. The regular processing cost of the O-1 visa is 460 USD (~34,480 INR). Check: Cost of living in USA
People involved as an ‘integral part’ of the O-1 visa holder’s performance can qualify for O-2 visa. The spouse or children of O-1 visa holders can enter the USA with a O-3 visa.
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Types of O Visa
O visa is a nonimmigrant US visa which is classified into the following categories:
| Visa Type | Applicable for |
|---|---|
| O-1A | People with extraordinary ability in Sciences, Education, Athletics, Business, Art, TV or motion pictures industry |
| O-1B | People with outstanding achievements in arts, motion picture or TV industry |
| O-2 | People who directly assist O-1 visa holders in their performance or a specific event can avail O-2 visa. |
| O-3 | Spouse or children of a O-1 or O-2 visa holder can enter the USA using the O-3 visa. |
Also check: F-1 visa
Eligibility Criteria for O Visa
Applicants need to demonstrate several eligibility criteria to avail different types of O visa. The mandatory requirements for O-1 visa are as follows:
- Extraordinary ability required by sustained national or international acclaim.
- The individual must be visiting the USA temporarily to work across their area of expertise.
- Distinction in the field of art can pave the way for availing O-1 visa.
- A distinction is considered through a degree of skill or recognition which is substantially above the generally encountered degree.
- O-1 visa in the arts field needs the individual to earn recognition as a prominent, leading and renowned professional in their selected field of art.
- Similarly, O-1 visa in the field of motion picture or television is offered to those individuals with demonstrated recognition for their skill.
O Visa Period of Stay
- The initial period of stay is up to 3 years, however, an applicant can get up to 1 year of extension based on consideration by USCIS.
- O nonimmmigrants get a certain validity period and additionally up to 10 days before and after the validity period.
- However, the authorization to work is provided only for the validity period.
For applicants requiring extension of stay, the following documents should be filed with USCIS:
- Form I-129 should be completed as a petition for a nonimmigrant worker.
- A statement clearly explaining the reason for extension of stay.
- A copy of the Form I-94, arrival/ departure record.
- The spouse or children of the O-1 visa holder should file the form I-539, application to change or extend nonimmigrant status and submit supporting documents.
- O-3 visa holders may not work in the USA but can study in USA full-time or part-time.
Also Check: US student visa
O Visa Application Process
A professional can avail the O visa with the application filed by a US employer, US agent or a foreign employer filing the application through a US agent. The step by step application process for O visa is provided below:
- The employer must fill in the Form I-129 on behalf of the professional.
- Consultation should be done with an appropriate peer group (including a labor organization) about the quality of the applicants area of expertise.
- If a consultation includes a watermark or other distinctive marks for confirming the originality of the document, petitioners should submit to USCIS the version containing the watermark or other distinctive marks.
- If an applicant does not get a proper peer group for consultation, the employer should demonstrate that to the US Citizenship and Immigration Services.
- The agent or employer can request a waiver of consultation in case there is no suitable labor organization existing.
- The employer needs to submit a copy of the written contract about the terms and conditions between them and the performing artist.
- A copy of any itinerary about the details of the program or a series of events within the stipulated time period is mandatory.
- At least 3 different types of document are required as evidence for O-1 visa eligibility.
- For O-2 visa applicants, strong evidence about their essentiality, experience and critical skill is mandatory.
Check: Post study options in USA
Change in O-1 Visa Employment Terms and Conditions
If any material change is done on the employment type or its terms and conditions, the employer or agent must file an amended Form I-129 with the same service center where the original form was filed.
- Changing Employer: If an individual with O-1 visa status wants to change their US employer, the new employer needs to file a Form I-129 with the USCIS office.
- Athletes: O-1 professional athletes have special rules. Once traded to a different team, the employment authorization of the athlete remains for 30 days. Within this time span, the new employer needs to file a new form I-129. This extends the athlete’s employment authorization until USCIS processes the application. The athlete will lose their employment status if the new employer fails to file the Form I-129 within 30 days or if USCIS denies the new application.
- Return Transportation: The employer can discontinue the employment for reasons other than the voluntary retirement of the artist. In that case, they will have to pay for the expenses of travelling to the last place of residence of the artist before visiting the USA. In case of agents filing the petition on behalf of the employer, they both are equally responsible for paying the return transportation expenses.
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It takes around 2-3 months for the processing of O-1 visa. However, applicants can opt for premium processing with an additional charge of 1,500 USD (~1.12 lakh INR). Premium processing gets the answer within 15 days of applying.
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