O1 Visa - Procedure, requirements and eligibility

O1 Visa - Procedure, requirements and eligibility

O1 Visa

An O visa is a grouping of non-immigrant temporary laborer visa allowed by the United States to an outsider "who has phenomenal capacity in the sciences, expressions, training, business, or sports, or who has a shown record of remarkable accomplishment in the film or media business and has been perceived broadly or universally for those accomplishments," and to specific aides and close relatives of such outsiders. O1 visas depend on a request of employer by a U.S. manager offering a particular occupation in the U.S. that requires a man of uncommon capacity. Participation in a gathering or group that has gotten acknowledgment for uncommon accomplishment isn't adequate; the recipient must qualify based on person justify. The employer boss must submit proof that the forthcoming representative meets the set up O-1 criteria, that the position offered requires an person of remarkable capacity, and that the individual is going to join United States to keep on working in the region of special capacity. O-1 status might be allowed for a greatest of three years on end, and might be renewed uncertainly. 

O-1 status is recognized from other business related statuses in that it applies to a larger number of sorts of work than other visa classifications, for example, H or L. For instance, H-1B status is restricted to experts and can't matter to competitors or performers as can O-1 status. Likewise, in our experience, numerous looking for non-migrant status after the H-1B quota for that financial year has just been come to will apply for O-1 status, on the off chance that they qualify. One of the advantages of the O visa is that it doesn't have a yearly quantity.

Types of O1 Visa

  • O-1A – individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

  • O-1B – individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.

  • O-2 – individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2's assistance must be an integral part of the O-1A's activity. For an O-1B, the O-2's assistance must be 'essential' to the completion of the O-1B's production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.

  • O-3 – individuals who are the spouse or children of O-1s and O-2s.

 

Requirements for O1 Visa

The O-1 visa application must be submitted alongside an appeal to put together by a US Petitioner. This incorporates data in regards to the applicant and confirmation showing the outsider's exceptional capacity, details of elements of the proposed work in the U.S as an agenda, supporting contracts that order with the schedule, and proof of past work that affirms outsider's remarkable status is valid and substantial. It additionally should incorporate a advisory letter from a US set up individual in the outsider's fitting industry field. This individual is by and large required to have over ten years in said field and is notable and regarded among peers. The request is to be affirmed for the term of the occasion in which the outsider will take an interest, for a greatest of three years. One-year expansions are allowed from that point with no most extreme total length. 

1. Extraordinary Ability in Science, Education, Business, or Athletics

 

To meet the O-1 visa standards, the applicant must be able to show extraordinary ability and receipt of sustained national or international acclaim for it. This can be demonstrated if the person has gotten a major internationally recognized award, such as an Olympic medal or a Pulitzer Prize, or has accomplished at least three of the following:

  • received a nationally recognized prize or award for excellence

  • attained membership in associations that require outstanding achievements of their members in a particular field of expertise, as judged by recognized national or international experts

  • been the subject of published material in professional or major trade publications or major media (regarding you and your work)

  • participated, on a panel or individually, as a judge of the work of others in your field

  • made an original scientific, scholarly, or business-related contribution of major significance to the field

  • authored scholarly articles in professional journals or major media

  • been previously employed in a critical or essential capacity for an organization with a distinguished reputation, or

  • command or have commanded a high salary or other outstanding remuneration for your services.

2. Extraordinary Ability in the Arts, motion pictures, or television.

Under these standards the requirements under the motion picture or television industry are somewhat higher than those for the arts. In either case, the forms of evidence to be used to establish the qualification is the same. The alien may establish qualification through evidence of nomination or receipt of a major, national or international recognized award such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award. In absence of such an award one can establish himself as a qualifying alien through at least three of the following types of evidence:

  • Having been or will be performing a lead or starring role in productions or events which have a distinguished reputation (as evidenced by critical reviews, advertisements, press releases, publications contracts, or endorsements;

  • Critical reviews or other published material in professional or major trade publication or in the major media by or about the alien which show that the alien has achieved national or international recognition or achievements;

  • Evidence of performance in a lead, starring or critical role for organizations or establishments with distinguished reputations;

  • Evidence of a record of major commercial or critically acclaimed successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

  • Evidence of significant recognition for achievements form organizations, government agencies, or other recognized experts in the field;

  • Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others; and

  • Other comparable evidence.

 

Documents Required for O1 Visa

 

  1. Form DS-156 (non-immigrant visa application);

  2. Passport of the applicant;

  3. A recent photograph meeting  the Department of State requirements;

  4. Visa application fee ($325.00);

  5. Approval Notice (Form I-797) of the O Petition and a full copy of the O Petition including all supporting documentation.

Procedure for Obtaining O1 Visa

Application Process - 

Consultation

A composed advisory opinion from a companion gathering (counting work associations) or a man with mastery in the recipient's region of capacity. In the event that the O-1 request of is for a person with extraordinary accomplishment in film or TV, the interview must originate from a fitting guild and an administration association with aptitude in the recipient's territory of capacity. 

At the point when a discussion incorporates a watermark or other particular imprints to affirm the genuineness of the report, applicants should submit to USCIS the form containing the watermark or other unmistakable imprints. Duplicates of records that don't contain the proper watermark or other particular imprints may raise questions about the genuineness of the archive and may bring about handling delays. For instance, USCIS may ask for that the solicitor present the first form of the archive. To abstain from handling delays, applicants ought to guarantee that they present the suitable form and that any related watermark or other unmistakable imprints are intelligible.

An advisory letter is not required under the following circumstances:

  1. An expeditious handling of the petition is requested (this can only be done in the event of an exigency such as an event that the proposed O-1 alien needs to attend, before an advisory opinion can be obtained);
  2. An appropriate consulting entity does not exist as established by the petitioner; or
  3. ONLY for aliens of extraordinary ability in the arts, a waiver of the advisory opinion may be made because a consultation has taken place within the prior two years with regard to a previous admission to render similar services

Petition

 

To file an O Petition, an imminent employer or specialist must present a Form I-129 Petition for Non-Immigrant Worker with an O/P Supplement. The outsider recipient may not self-petition in this situation. On the off chance that an outsider is as of now in the U.S. in O-1 status and another business wishes to appeal to for them, the I-129 will likewise be utilized to ask for the vital augmentation of remain. The request must be filed by a U.S. business or the U.S. specialist of a business (either U.S. or on the other hand outside). The request of MAY NOT be documented by an outside business who isn't acting through a U.S. specialist. 

The I-129 appeal to will be filed with the administration focus that has jurisdiction in the region where the outsider will work. On the off chance that services will be performed in more than one area, it will be recorded with the administration center overhauling one of the applicant's areas. If 
the recipient will work simultaneously for more than one boss amid a similar time period, every business must record a different appeal to with the administration center that has ward over the territory where the outsider will perform administrations. What's more, if the O-1 changes employers, the new business must record an appeal to with the USCIS service center that has jurisdiction over the new place of work.

If the beneficiary will indeed be working for more than one employer during the same time period, the USCIS released a memorandum clarifying the procedure for filing an O-1 petition in that situation. If an O-1 petition is being filed by a U.S. agent on behalf of multiple employers:

  • The supporting documentation must include a complete itinerary of the event or events.
  • The itinerary must specify the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed.
  • The contracts between the employers and the beneficiary must be submitted, and
  • The agent must explain the terms and conditions of the employment and provide any required documentation.

Fees

Filing fee of $325.00

Once the Consular Office has gotten a visa application, they will inform the recipient when it is the ideal opportunity for a meeting to happen. The recipient will then schedule their candidate meet at the U.S. office, where it will be resolved if the recipient is qualified for an O-1 visa. In the wake of being allowed their visa, the outsider will get a stamp on their travel permit which they should display unopened upon their landing in the United States. Traditions and Border Protection at the outskirt or port of passage will at that point, on the off chance that they so pick, concede the outsider to the United States on their O-1 non-foreigner status.

 

O1 visa processing time

2-3 months is the time to wait for your petition to be processed, the USCIS has an optional feature to expedite the O1 visa processing time. With premium processing, those 2-3 months will be shortened to 15 calendar days for a fee of $1,225.

O1 visa approval rate

In 2014 - 12706 O1 Visa issued.

In 2015 - 13865 O1 Visa issued.