Quick Guide to the O-1 Visa Application Process

The opportunity to work in the United States is often a life-changing step for many business professionals around the world. Getting to the US also brings many benefits that range from better salary, access to advanced healthcare options, and lower tax rates. In order to successfully make this transition, individuals who have extraordinary skills in their profession may find that the O 1 visa is their best option. Not only because it allows dependents to come along for up to three years at a time, but there is not a limit on renewals.

For some, the criteria of demonstrating extraordinary ability may sound like too high of a standard to meet, but in reality, many professionals qualify for this visa every year. If you are trying to determine the best way to come to the United States, and have recognition for your work, this visa may be right for you.

In this article, you will learn about:

1. The Basics of the O-1 Visa
2. O1 Visa Requirements
3. How to Apply for an O-1 Visa
4. The Expected Processing Time
5. Length of the Visa and Renewal Options
6. Changing from the O-1 Visa to a Green Card

The Basics of the O-1 Visa

Also known as the “O visa,” these work credentials apply to non-resident US workers who have received recognition for their exceptional abilities. Typical industries that applicants are the top in their field to qualify could include:

• Sports
• Education
• Movies and television industries
• Sports
• Science

The US also has a permanent version of the O 1 visa, called the Extraordinary Ability Green Card (EB-1), which also has the same high standard of professional accomplishment. The O visa does not automatically transition to the EB-1 but can pave the way to eventually obtaining it. 

Finally, many talented individuals choose the O-3 visa as a better option because they can bring their spouse or dependent children under the age of 21 with them for the length of their employment in the United States. Family members can attend school while in the US, but they will not have work authorization.

O Visa Types and Purposes

Currently, there are four types of the O Visa that interested working professionals with recognized skill can apply for:

O-1A Visa

Individuals who achieved recognition in the fields of education, business, athletics, and/or science can only apply for this visa. 

O-1B Visa

Artists, movie, and television industry professionals must apply for this specific visa for work authorization based on their highly skilled career accomplishments.

O-2 Visa

Individuals who provide support to artists or athletes who qualify for an O-1 visa can apply for this version to come to the US with them.

O-3 Visa

This is an important visa for families of qualified O-1 and O-2 authorizations because it allows them to stay in the US with them.

While these credentials are specifically for those who have demonstrated extraordinary abilities in their profession, the O-1B visa standards are slightly lower compared to the O-1A.

O1 Visa Requirements

Despite the emphasis on applicants being the top in their industries, the O Visa is not overly difficult to obtain. Below are the general criteria the US expects from individuals trying to receive this work authorization type:

• Facts about your accomplishments
• Expert opinion about your skill level
• Have a job offer from a US-based employer

While this may sound like a hard standard to meet, it is not that difficult, as you will learn further on in this article.

How to Apply for an O-1 Visa

When applying for the O visa, it is your employer’s responsibility to initially file the application. After this point, you will have to go through additional steps to complete the process.

From beginning to end, here is a general summary of the application stages:

Your employer initiates the application process

• Submit Form DS-160
• Pay associated O1 visa fees
• Schedule an appointment interview with the US Embassy
• Collect the necessary documents
• Go to your interview

Your Employer Initiates the O-1 Visa Application Process

To start your O 1 visa application, your employer is responsible for filing a petition with the United States Citizenship and Immigration Services (USCIS) on your behalf. Form I-129, the Petition for Nonimmigrant Workers, and evidence of your extraordinary professional skills should go along with the submitted petition.

Accepted proof of your recognized abilities include:

• Send physical copies of articles that mention your accomplishments
• Letters from former colleagues or supervisors
• Journals with your published research
• Newspaper clippings
• Copies of awards received for your work

Keep in mind your employer must send this petition to USCIS at least 45 days before you plan to begin working. A fee of $460 is also due at the time of submission and is your employer’s responsibility to pay. Once approved, your application responsibilities begin.

Submit Form DS-160

Also called the Online Nonimmigrant Visa Application, Form DS-160 will require you to fill out your personal information and reason for visiting the US. How you answer these questions will depend upon the type of O visa you need. Once finished, you will receive a confirmation code to use further along in the application process.

Pay Associated O-1 Visa Fees

The initial cost for an O visa application is $190, which is necessary to continue the process. There will be additional fees based on your originating country of residence, so hold onto receipts for any payments made since you will need these as proof of having paid.

Schedule Your US Embassy Interview Appointment

All O visa applicants between the ages of 13 and 80 must undergo an interview at the US Embassy. Because these officials are frequently busy, try to schedule as soon as allowed to avoid delays. A confirmation will be sent regarding your scheduled date and what documentation you should bring for the appointment.

Collect Your Interview Documentation

O-1 visa documentation requires much of the same paperwork as standard work authorizations, along with these additional pieces of information:

• O1 visa interview letter
• Photograph
• Proof of your extraordinary abilities
• Receipts for paid O1 visa and associated fees
• Proof of employment in the United States
• Evidence of familial relationship to family members coming with you to the US

Go to Your Embassy Interview

Your embassy interview is a crucial step in the application process for an O visa. Once you have all of your documentation together and your scheduled appointment day has arrived, do be on time and honest when answering all questions asked by the embassy official.

How Long is the O-1 Visa Processing Time?

Once you have completed the embassy interview, the wait begins. Typical O visa processing time is between two or three months. There is a premium process option of a 15-day turnaround for an additional fee of $1440 but bear in mind that whether your application is approved or denied, you will not get a refund of this extra charge for quicker processing.

O-1 Visa Length of Validity

When you first receive your O visa, it is valid for three years, after which, your employer will have to submit proof why you need an extension. There are no caps on the number of extensions that one can file, and last for one-year increments at a time.

Changing to a Green Card from an O 1 Visa

A common question we receive is whether an O visa holder can change to a Green Card. Yes, this possible since there is a Green Card for Extraordinary Abilities (EB-1). The standard for professional accomplishment is much higher for this credential compared to the O-1, so preparing your evidence of outstanding ability is crucial to receiving approval.