Click Here For A Consultation
Travel Warning

O-1 Visa Frequently Asked Questions

What is the purpose of the O-1 visa?

The O-1 visa is for individuals who possess extraordinary ability or achievement in fields such as the arts, sciences, education, business, or athletics and wish to come to the United States to work or perform in their area of expertise.

Who is eligible for an O-1 visa?

To be eligible for an O-1 visa, you must demonstrate extraordinary ability or achievement in your field, supported by substantial evidence. There are two categories:

O-1A: For individuals with extraordinary ability in the sciences, education, business, or athletics.

O-1B: For individuals with extraordinary ability in the arts, including music, theater, film, television, and related fields.

What qualifies as "extraordinary ability" for the O-1 visa?

Extraordinary ability is defined as a level of expertise and recognition significantly above what is ordinarily encountered in your field. You must provide evidence, such as awards, publications, performances, or other accomplishments, to demonstrate your extraordinary ability.

How long can I stay in the U.S. on an O-1 visa?

The initial period of stay for an O-1 visa holder can be for up to three years. Extensions are available, and there is no maximum limit on the total duration, as long as you continue to meet the requirements.

Can my family accompany me on an O-1 visa?

Yes, your spouse and unmarried children under 21 can accompany you on O-3 visas. However, O-3 visa holders are not allowed to work in the United States.

Can I change employers while on an O-1 visa?

If you are an O-1 nonimmigrant in the United States and want to change employers, the new employer must file Form I-129 with the USCIS office listed on the form instructions. Your new employer must file an amended petition with evidence showing they are your new employer and a request for an extension of stay.

Can I apply for permanent residency (a green card) while on an O-1 visa?

Yes, you can apply for a green card while on an O-1 visa if you qualify for an employment-based immigrant category. Many O-1 visa holders pursue employment-based green cards.

How do I apply for an O-1 visa?

The process involves:

An employer or agent files an O-1 petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS).

USCIS reviews the petition, and if approved, you can apply for an O-1 visa at a U.S. embassy or consulate abroad (if you are not already in the U.S.).

Is there a numerical cap on the number of O-1 visas issued each year?

There is no numerical cap on the number of O-1 visas issued, unlike some other visa categories.

Can I include my family members in my O-1 visa application?

While your family members (spouse and children under 21) cannot be included in the same O-1 petition, they can apply for O-3 visas to accompany you to the U.S.

Can I travel outside the U.S. while on an O-1 visa?

Yes, you can travel outside the U.S. and re-enter while on an O-1 visa, provided you have a valid O-1 visa stamp in your passport and a valid O-1 approval notice.
js_loader
Facebook Instagram Linkedin-in Tiktok Twitter