On this page, we will explain who qualifies for the temporary O-1 visa scheme in the United States, the requirements which must be met, and the application process. For expert assistance with your immigration matter, contact Reiss Edwards, immigration lawyers, and solicitors in London, on 020 3744 2797 or by email at email@example.com
With the world’s largest economy, which is estimated to reach over $25 trillion in 2024, the United States has a great deal to offer prospective immigrants, especially those with high levels of skill and extraordinary ability. On this page, we will explain who qualifies for the O-1 visa scheme in the United States, the requirements which must be met, and the application process.
The non-immigrant O-1 visa is for foreign nationals “with Extraordinary Ability or Achievement” and allows them to stay in the United States for up to three years. The scheme is specifically intended to encourage those at the top of their field in the areas of science, the arts, education, business, athletics, motion picture, and the television industry. There are four variants of the scheme, as we will explain below, catering for those in different specialties and disciplines.
There are four different types of O visa for the United States, catering for both the main applicant and their family members, as follows:
To make a successful O-1 visa application, applicants must:
All applicants must show that they will stay on a temporary basis in the United States to continue work in their area of extraordinary ability.
A Form I-129 (Petition for a non-immigrant worker) first needs to be filed by the US employer, US agent, or foreign employer through a US agent on behalf of the applicant. This cannot be filed over one year before the visa is needed, but it should be submitted no less than 45 days before the date of intended employment.
With the petition, the following documents should be submitted:
The initial period of stay in the US on an O-1 visa is up to three years, however, the actual amount of time granted will correspond to the validity period of the petition. The USCIS states, “As an O non-immigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and ten days after the validity period ends. You are only authorized to work during the validity period of the petition”.
It is possible to extend an O-1 visa if it is for the same event or activity. To extend an O-1 visa, your employer or agent will need to submit the following documents:
Yes, if you have a spouse or children under the age of 21, they will be able to apply for an O-3 visa. If granted, the period of validity will match that of the O-1 visa. In most cases, O-3 visa holders are not able to work in the US, but they can typically undertake study, whether part or full time.
Yes, but your new employer will need to file a Form I-129 petition, and you will need to wait for this to be approved by USCIS before starting work for them.
Reiss Edwards have the resources and expertise to assist with all aspects of US immigration. If you need assistance with your O-1 visa application for US or any other immigration matter, feel free to contact our Immigration Solicitor for help.
"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...Read More
"I found Joe very helpful and tremendous patience which is a must in this profes...Read More
"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...Read More
"Professional service. I was very impressed with the fact that my ILR applicatio...Read More