O1 Visa Requirements And Eligibility For Transfer And Extension

Are you looking to transfer or extend your O1 Visa? If so, it is important to know the eligibility requirements and other factors that go into the process. This blog post will provide a comprehensive overview of O1 Visa requirements and eligibility for transfer and extension, so you can make an informed decision about your visa status.

US IMMIGRATION Feb 4, 2023 1 2237 Add to Reading List

O1 Visa Requirements And Eligibility For Transfer And Extension

Are you considering transferring or extending your O1 Visa? If so, you'll need to know the requirements and eligibility. This blog post will provide a comprehensive guide on the O1 Visa requirements and eligibility for transfer and extension. With this information, you'll be able to determine if you meet the criteria for an O1 Visa transfer or extension.

The O1 visa is available to people of extraordinary ability in arts, science, education, business, or athletics. In addition, you must have achieved a level of expertise indicating that you are among the few individuals who have risen to the very top of the field of endeavor.

VisaPro’s experienced immigration attorneys will prepare and file all the required documents for foreign nationals with extraordinary ability and U.S. companies applying for the O1 visa. Read on to learn more!

What is an O1 visa

An O1 visa is a nonimmigrant visa issued to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. This type of visa is usually valid for three years and can be extended or transferred with specific criteria. To apply for an O1 visa, you must first obtain an approved petition from U.S. Citizenship and Immigration Services (USCIS) which will show proof of your extraordinary ability in one of the fields mentioned above. The petition must be supported by documentation such as recommendation letters from recognized experts in the field, evidence of achievements such as awards and honors, and membership in professional associations. Additionally, you must have a job or work offer from a U.S. employer and an approved petition from USCIS to apply for the O1 visa.

Who May Apply for an O1 Visa?

If you are an expert in your field of work and possess exceptional talents or accomplishments, you can apply for an O1 visa. Depending on your area of specialization, there are two different sorts of O1 visas: O1A and O1B:

You can apply for an O1A visa if you have extraordinary arts, sciences, education, business, or athletics abilities.
You can apply for an O1B visa if you have extraordinary ability in the arts or outstanding achievements in the motion picture industry or television.

O1 Visa Eligibility – It Is Suitable For:

Foreign nationals who have received major prizes or awards or other recognition for outstanding achievements in the field of arts, sciences, education, business, or athletics and with a job offer from a U.S. company
Foreign nationals who have produced original scientific or scholarly contributions in the academic fields and with a job offer from a U.S. company
Artists and entertainers of extraordinary ability affiliated with the motion picture or television industry
U.S. companies to hire foreign nationals with extraordinary ability in the field of arts, sciences, education, business, or athletics

O1 Visa Benefits

You can enter the U.S. and accept employment in a position that requires people of extraordinary ability
You do not have to maintain a foreign residence and show intent to return to your home country while applying for the visa
Your dependents can stay with you if you maintain your O1 visa status. They can also attend school
You can freely travel in and out of the U.S., provided you have a valid visa

O1 Visa Conditions

A. Requirements For Employers Sponsoring O1 Visas

Your employer must demonstrate to sponsor an O1 visa that the services rendered by the O1 visa holder:

Primarily involve a specific scientific or educational project, conference, convention, lecture, or exhibit sponsored by scientific or educational organizations or establishments or
Consist of a specific business project that requires an extraordinary executive, manager, or highly technical person due to the complexity of the project

B. Requirements for Employees Applying for O1 Visas

You must have achieved sustained national or worldwide fame by winning prestigious accolades like the Nobel Prize or demonstrate that you have at least three of the following to qualify for an O1 visa:

You have received nationally or internationally recognized awards or prizes of excellence in your field of endeavor
You are a member of associations that require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
Your work has been described in professional or major trade publications, or major media
You have participated as a judge, either individually or as a member of a panel, of the work of others in the same or an allied field
Your articles have been published in professional or major trade publications
You have made original scientific, scholarly, or business-related contributions of major significance in your field
You have performed in a leading or critical role for organizations or establishments that have a distinguished reputation
You command a high salary or remuneration for your services
or Any other evidence to show your eligibility

O1 Visa all you need to keep in mind

To change the purpose of your visit while you are in the U.S. on an O1 visa, you must change your visa status.
The information provided here applies to New O1 Visa and O1 Extension.

Visa O1 fees

Regular filing fee: $460
Premium filing fee: $2,960

How to Apply for the O1 Visa?

The steps you and your employer must take when applying for an O1 visa are as follows:

Your employer files a petition with the USCIS on your behalf.
You file Form DS-160. This is the electronic application form that everyone who applies for a US visa has to file.
You pay the O1 visa fees.
You schedule an appointment for a visa interview with the nearest US mission.
Gather the required documents.
Attend the US Embassy or Consulate interview and submit the documents.

1. Petition at the USCIS

Your employer or agent in the United States must complete and file Form I-129, Petition for a Nonimmigrant Worker, to the USCIS, pay the application fee, and provide the necessary documents. The application fee is $460.

A minimum of 45 days before the start date of your job, but no earlier than one year, can be allowed for them to apply to one of the USCIS Service Centers in California, Nebraska, Vermont, or Texas.

Your employer or agent will get "notification" of the USCIS's decision once they have reviewed the petition. Then, if the outcome is favorable, you can start the application procedure.

2 Submit Form DS-160.

It is possible to apply online using Form DS-160. It is available on the website of the Consular Electronic Application Center.

After filling out the form, you must print the Confirmation Page and attach it to the document file.

3. Submit your O1 Visa fee.

The visa fee is another requirement for anyone applying for a US visa. The O1 visa is petition-based. Hence a $190 application fee is required. You can pay the cost in person or online through your bank, but you'll need to keep the receipt since you'll need it on your visa appointment.

How Long Does it Take to Process the O1 Visa?

It takes two to three months for the USCIS to process your O1 visa application. There is also the option of Premium Processing, which will give you an answer in only 15 days, but it costs $1,500 (the price was increased in October 2020 from $1,440). In contrast, the regular processing costs $460.

How Long is the O1 Visa Valid?

Initially, the O1 visa is valid for a maximum period of three years. Then, if you need to be in the US longer, your employer or agent will have to submit a new application along with the following:

Form I-129, Petition for a Nonimmigrant Worker
A copy of your Form I-94, Arrival/Departure Record
A statement that explains why the extension is required. In the statement, your employer should explain the activity for which you received the visa initially and that the extension is needed so you can continue to work in the same activity or manner.

If you want to continue working with a different employer, your new employer must file a new petition.