O-1 Visa Requirements: Steps To Secure Extraordinary Talent For Your Business

O-1 Visa Requirements: Key Takeaways

• O-1 visa requirements include showing top talent in the field and meeting at least three of the eight USCIS criteria
• The O-1 visa is meant for people with extraordinary ability in sciences, education, business, athletics, arts, film, or television
• The application process includes filing Form I-129 along with strong supporting documents like contracts, peer group letters, itinerary, evidence of extraordinary ability, and recommendation letters
• Standard processing takes 8-11 months, while premium processing ensures a decision within 15-day decision

Did you know that the O-1 visa is one of the few U.S. work visas with an approval rate above 80% per information gathered from U.S. law firms handling immigration issues?

However, meeting the strict O-1 visa eligibility criteria can be overwhelming if you don’t have legal guidance.

In this article, we will break down:

• The O-1 visa requirements
• Which documents can support your petition
• How long processing takes
• What factors impact approval rates

O-1 Visa Requirements For Employers

Meeting the O-1 visa requirements means proving to the U.S. Citizenship and Immigration Services (USCIS) that the foreign talent you want to hire is among the top professionals in their field.

In addition, as an employer, you need to:

• Offer a job that requires exceptional skills.
• Get a written advisory opinion from a peer group, labor union, or management organization confirming the worker’s qualifications.
• Provide an itinerary with dates, locations, and venue or contractor names if the work includes multiple events or projects.
• If you are applying as a U.S. agent instead of a direct employer, include contracts with the worker and proof that you are authorized to act on behalf of multiple employers or a tour.

Salary Requirements For O-1 Visa Applicants

The O-1 visa does not have a prevailing wage requirement. However, if you offer a high remuneration, the USCIS may accept this as evidence of the employee’s outstanding achievements in the field.

To strengthen your case, you can use:

• Contracts and pay stubs
• Financial agreements
• Documents showing income from performances or productions

O-1 Visa Overview

The O-1 visa is a nonimmigrant visa for individuals with extraordinary ability in their field.

It falls into two categories:

• O-1A: For individuals with extraordinary ability in the sciences, education, business, or athletics. These can be:
  • Acclaimed professors and researchers
  • Computer scientists
  • CEOs and high-level executives
  • Medical specialists
  • Data scientists
• O-1B: For people with extraordinary achievement in the arts, motion picture, or television industry. For example,
  • Award-winning actors
  • Renowned musicians and composers
  • Fashion designers
  • Film directors and producers
  • Visual artists

Unlike other employment-based visas, the O-1 does not require a Permanent Labor Certification, which helps to avoid lengthy PERM processing times.

However, to apply for an O-1 visa, applicants still need a U.S. sponsor.

The O-1 visa is valid for up to three years, with possible one-year extensions. It covers the duration of the event, project, or employment for which the applicant has arrived in the United States.

The O-1 visa is employer-specific, meaning the foreign worker cannot work for a different employer. If they want to change jobs, the new employer must file without a new petition.

Spouses and children under 21:

• Can come to the U.S. together with the O-1 visa holder, who is acting as a principal applicant.
• Are not allowed to work in the U.S.

What Documents You Need To Apply For An O-1 Visa

Applying for an O-1 requires a thorough set of documents:

• Form I-129, Petition for a Nonimmigrant Worker, filed by the U.S. employer or agent
• A contract between the Petitioner and Beneficiary
• A written opinion from a peer group or expert organization in the applicant’s field
• A detailed itinerary explaining what activities the applicant will be engaged in during their stay in the U.S.
• Letters of recommendation from experts in the field, attesting to the applicant’s achievements.
• Evidence of extraordinary ability, meeting USCIS criteria.
  • For O-1A: Evidence must show sustained national or international acclaim.
  • For O-1B: The applicant must prove extraordinary achievement in the arts or outstanding recognition in film/television.

Applicants must either:

• Have received a major, internationally recognized award (the Nobel Prize, Academy Award), or
• Provide evidence that they meet at least three of the eight USCIS criteria, such as:
  • Received a nationally or internationally recognized prize or award.
  • Are a member in an association that requires outstanding achievement.
  • Have been featured in professional or major trade publications.
  • Have a history of judging the work of others in the respective field.
  • Have original contributions of major significance.
  • Are employed in a critical or essential capacity for distinguished organizations.
  • Get a higher salary or other remuneration for services compared to other people working in the same field.

O-1 Visa Processing Times

On average, USCIS takes about 8-11 months to process an O-1 application, as per the USCIS processing time tool.

However, this can vary depending on their workload and whether your petition is complete when submitted.

For an additional fee, you can use premium processing, which guarantees a response on your application within 15 calendar days. Note that this only speeds up the review process but does not guarantee a positive outcome.

Your case may take longer or shorter than the standard time based on:

• USCIS workload
• Whether your petition is accurately filled out and completed with all required information
• Requests for additional evidence (RFE)

Processing delays can impact travel or employment start dates; that’s why you should plan in advance when to file your application. If you need help determining the time, talk to a business immigration lawyer.

O-1 Visa Approval Rates & Factors For Success

The O-1 visa has one of the higher approval rates among U.S. work visas, often exceeding 80%. The positive result depends on:

• The strength and quality of supporting evidence.
• The credibility of the U.S. sponsor or agent.
• Proving that the applicant’s work in the U.S. requires their extraordinary ability.

Employer Sponsorship & Application Process

The O-1 visa requires a U.S. employer, agent, or sponsor to file the petition with the USCIS. The steps include:

• Submitting Form I-129 to USCIS 45 days before but no more than one year before the employment start date.
• Providing supporting documentation such as contracts, itinerary, and evidence of achievements.
• Reviewing of the petition by the USCIS.
• Waiting for a decision.

How Spar & Bernstein Can Help With O-1 Visa Applications

Applying for an O-1 visa requires meeting the strict USCIS requirements.

But that’s not an issue for The Law Offices of Spar & Bernstein, as our experienced and compassionate team of immigration attorneys has guided thousands of employers and talented individuals through this visa process.

We will:

• Review the employee’s background and achievements, ensuring they meet the O-1 visa requirements.
• Create a tailored strategy to highlight their extraordinary ability for an O-1A or O-1B visa.
• Prepare and file key documents and supporting evidence.
• Draft strong recommendation letters.
• Address any Requests for Evidence (RFEs).
• Provide updates on the case as it progresses.
• Be by your side to offer support and guidance every step of the O-1 visa process.

O-1 Visa Requirements: FAQs

How long can a person stay in the U.S. on an O-1 visa?

O-1 visa holders can stay in the United States for the duration of the event or employment, initially up to three years, with the possibility of extensions for one-year increments thereafter.

Can workers switch employers on an O-1 visa?

That’s possible, but each employer must file a new Form I-129.

Is a job offer necessary to apply for an O-1 visa?

Yes, the process of filing for an O-1 visa starts with a U.S. sponsor. The O-1 visa does not allow self-petitioning.

Can my family work in the U.S. on an O-3 visa?

No, dependents under O-3 can study in the United States but are not authorized to work.

Is there a limit on the number of O-1 visas issued each year?

No, there is no annual cap on O-1 visas.

Can an O-1 visa holder apply for a Green Card?

O-1 holders may transition to a Green Card through employment-based categories or family sponsorship. Talk to our knowledgeable team at Spar & Bernstein for more insights into the specific situation.

What types of evidence can be used for proving extraordinary ability?

Major awards, publications, patents, high salary, peer-reviewed achievements, and strong recommendation letters carry significant weight.

Can an agent sponsor a person for an O-1 visa?

Yes, an agent can file an O-1 petition if:

• The Beneficiary will work for multiple employers.
• The Beneficiary will work on a series of engagements.

Does premium processing mean you’ll get approved?

Unfortunately, no. It simply speeds up the decision. Whether that decision is positive depends entirely on the strength of your petition.

What should employers do if USCIS issues a Request for Evidence (RFE)?

Employers should respond promptly, sending strong supporting documentation. Talk to our team at Spar & Bernstein for legal advice on your specific case.

What happens if an O-1 visa holder’s employment ends?

When employment ends, visa status also ends, and the employee must leave the country. If they want to remain in the United States, they can:

• Find a new employer who files a new petition.
• Consult with an immigration lawyer to explore opportunities for change of status.

Can an O-1 visa be extended beyond the initial three years?

Yes, O-1 visas can be extended in one-year increments for the duration of the project or employment.