O-1 Visa Overview: Advantages For Employers, Types & Requirements

O-1 Visa: Key Takeaways

• The O-1 visa allows you to hire individuals with proven excellence in key industries without annual cap or lottery restrictions
• A premium processing service speeds up the decision process, guaranteeing application review in 15 days
• O-1 visas are valid for up to 3 years and can be extended as needed for ongoing work
• The O-1 visa supports dual intent, meaning the employee can apply for a Green Card
• To apply for an O-1 visa, both employer and employee must meet certain requirements

In 2023, the U.S. Citizenship and Immigration Services (USCIS) approved 9,490 O-1A visa petitions for applicants with exceptional abilities in science, technology, engineering, and mathematics (STEM).

These petitions are part of the broader O-1 visa category granted to individuals who are recognized in their field.

But what exactly is the O-1 visa?

This guide will break down:

• The advantages of the O-1 visa for U.S. employers
• The types of O-1 visas
• The requirements for employers and candidates
• How long the process takes

Advantages Of The O-1 Visa For Employers

As a nonimmigrant visa for individuals with extraordinary ability in sciences, arts, education, business, athletics, or the motion picture industry, the O-1 visa offers various advantages to U.S. employers:

Highly Skilled Talent

The O-1 allows employers to hire exceptional professionals who can drive innovation and boost their company’s performance and reputation.

For example, a biotech startup in NYC aiming to boost its research team can hire a South Korean data scientist with breakthrough work on cancer detection, providing a competitive edge for the business.

No Annual Cap

Unlike other visa types like the H-1B visa, which is limited to a certain number per fiscal year, the O-1 visa has no quota and can be filed year-round.

This makes it an excellent option for employers who want to work with exceptional players, making the hiring process more predictable.

Let’s say a tech company wants to hire a machine learning researcher from Germany with publications in various specialized journals. With an O-1 visa, they can bring the candidate to the U.S. as soon as the visa application is approved.

Premium Processing Available

Employers can request premium processing from the USCIS for O-1 visas, which guarantees a response within 15 calendar days. This is particularly beneficial if the company needs to fill a high-level role urgently.

Consider a Broadway production team that can elevate the show by working with an award-winning costume designer from London.

Thanks to USCIS’s premium adjudication service, it’s possible to get them approved for an O-1 visa and fly them in a few weeks before the opening night.

Extension Options

While the initial O-1 visa is valid for up to three years, it can be extended by one year for an unlimited number of times.

This means the individual can work on the same project or activity, providing greater continuity compared to other temporary visas.

For example, a company working on a three-year documentary project with a foreign cinematographer can decide on a spin-off series. Instead of starting a new visa process, they can request an extension.

Allows for Dual Intent

The O-1 visa permits dual intent, meaning your employee can apply for a Green Card (and use the benefits it offers) without putting their current visa status at risk.

Types Of O-1 Visas

There are two main categories under the O-1 visa:

O-1A Visa

An O-1A visa is used to bring to the U.S. individuals who have demonstrated extraordinary ability in:

• Sciences
• Education
• Business
• Athletics

O-1B Visa

O-1B visa is meant for individuals who have achieved extraordinary results in:

• Arts such as musicians, actors, and visual artists
• Motion picture or television industries

O-1 Visa Requirements

To apply for an O-1 visa, both employer and potential employee must meet certain requirements

O-1 Visa Employer Requirements

As an employer, you must:

• Offer qualifying work, meaning the job requires a high level of skill.
• Obtain and include a written advisory opinion from a peer group, labor union, or management organization about the employee’s qualifications.
• If the work involves multiple events or projects for performers, artists, or freelancers, you must submit a clear itinerary with dates, locations, and names of venues or contracting parties.
• If you’re acting as a U.S. agent rather than a direct employer, you must provide contracts between you and the beneficiary and documents showing you are authorized to act on behalf of multiple employers or a tour.

O-1 Visa Employee Requirements

To apply for an O-1 visa, the employee must:

• Demonstrate extraordinary abilities that are recognized nationally or internationally.
• Be coming to the U.S. to continue work in their sphere of expertise.

Evidence for an O-1A visa can include:

• A Nobel Prize or
• Three of the following:
  • Receipt of nationally/internationally recognized prizes or awards
  • Membership in associations that require outstanding achievements
  • Published material about them in major media
  • Significant contributions to the field

Evidence for an O-1B visa can include:

• Leading role in distinguished productions/events
• National/international recognition
• Major commercial or critically acclaimed success
• Significant recognition from organizations, critics, or experts

O-1 Visa Processing Time

The timeline for processing Form I-129, Petition for a Nonimmigrant Worker, for the O-1 visa category, spans between 5 and 10 months.

Premium processing guarantees a decision in 15 calendar days.

This timeline only covers the processing of the petition filed by the employer. If the beneficiary is outside the U.S., they must then go through consular processing and wait for visa issuance by a U.S. Embassy or Consulate.

This can add several weeks or more, depending on the location and processing delays.

Need Help With An O-1 Visa? Call Spar & Bernstein

Are you an employer looking to bring team members with exceptional abilities on an O-1 visa to strengthen your U.S. business?

The Law Offices of Spar & Bernstein know how to do this efficiently and successfully. With over six decades of experience in business immigration and immigration for individuals, we know all the steps, requirements, and documents to ensure a positive outcome for your case.

Our knowledgeable and compassionate team of attorneys will:

• Evaluate the employer’s and candidate’s eligibility for the O-1A or O-1B visa.
• Advise you as an employer or agent of your petitioning responsibilities.
• Help gather necessary documentation, including evidence of extraordinary ability.
• Draft and file Form I-129 and all supporting materials with USCIS.
• Respond to USCIS Requests for Evidence (RFEs) quickly and effectively.

O-1 Visa: FAQs

Can a company sponsor someone working on multiple projects?

Yes, the O-1 visa allows the employee to have multiple engagements. To sponsor the beneficiary, you as an employer must provide a detailed itinerary, outlining all upcoming events or jobs.

Can a company file multiple O-1 visa applications?

Yes, the O-1 visa is not subject to an annual cap, so you can file petitions throughout the year based on your hiring needs.

Can an O-1 employee apply for a Green Card?

Yes, the O-1 is a dual-intent visa. This means your employee may pursue permanent residence status in the United States.