O-1 Visa for Individuals with Extraordinary Ability or Achievement2022-07-25T14:17:22-04:00

O-1 Visa for Individuals with Extraordinary Ability or Achievement

People from other countries who want to work in the United States need to obtain a visa first. An O-1 visa is for Individuals with Extraordinary Ability or Achievement. Obtaining this or any visa involves complex application requirements. O-1 visas are from foreigners who demonstrate “extraordinary ability” in their field of sciences, education, arts, athletes or business.

Our experienced Atlanta employment-based immigration lawyers provide the professional legal representation you need. We can assist you in obtaining an O-1 visa, making the process easier and increasing your chances of getting your application approved. For help in achieving your American Dream, reach out to our office today. 

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O-1 Visas

What Is An O-1 Visa?

An O-1 visa is a non-immigrant visa. It allows you to temporarily live and work in the United States. It is one of several options for employment-based immigration, typically used by foreign nationals for completing important projects or attending special events. 

Issued via the U.S. Department of State, an O-1 visa can be granted for up to three years, with yearly renewal until the project is complete. Specifically designed as a visa for individuals with extraordinary ability, there are two categories of applicants: 

  • O-1A Visa
    For individuals with extraordinary ability in business, science, education or athletics.  
  • O-1B Visa
    For individuals with extraordinary ability in the arts or significant achievements in the motion picture or television industry. 

To protect yourself and your rights throughout the process, get Garvish Immigration Law Group on your side. 

Benefits of an O-1 Visa

For athletes, entertainers, teachers, researchers or others with special talents or notable achievements, an O-1 visa offers advantages over other types of employment-based immigration:  

  • It does not require an educational or professional degree;
  • There are no prevailing wage requirements;
  • It does not require a Labor Condition Application (LCA) through the U.S. Department of Labor;
  • There are no annual caps or maximum numbers of O-1 visas issued;
  • There is no maximum period of stay or limit on extensions. 

Other O-1 visa benefits are that you can bring your family along under your O-3 status, which is granted to your spouse and unmarried children under the age of 21 and you can travel freely in and out of the U.S.

Dual Intent

Dual intent is a nonimmigrant visa that allows the holder to pursue lawful permanent resident (green card) status while they have a nonimmigrant visa. An O-1 visa is considered dual intent, and your status will not be jeopardized or otherwise negatively affected by filing a petition for a green card while living and working in the United States on a temporary O-1 visa. An immigration attorney can provide guidance on changing your status.

Qualifications for an O-1 Visa

To qualify for an O-1 visa, you must be sponsored by a U.S. employer, proficient in English, submit all required documentation and pay any associated fees. In addition, you will also need to meet at least three of the following criteria:

  • Belong to an association requiring outstanding achievement;
  • Received national or international awards or recognition for your work;
  • Been featured or published in mainstream media or professional and trade publications;
  • Made original and significant contributions to the fields of academics, business, or science;
  • Served on a judging panel or in other leading roles for highly regarded organizations or institutions; 
  • Receive significant compensation or other benefits for your services.

O-1 Visa Application Process

The application process for an O-1 visa can be complex. An experienced employment-based immigration lawyer can make the process easier and ensure nothing is overlooked. 

The first step is to have your employer file a petition with the United States Citizenship and Immigration Services (USCIS) on your behalf. After your Petition is approved, the following steps then need to be completed:  

  • Receive Form I-797C, Notice of Action of I-129, which confirms Approval of your petition;
  • File Form DS-160, a standard non-immigrant visa application (if you are outside the United States);
  • Collect other required documents, including a copy of your work contract and confirmation of the activities or events you will be involved in;
  • Schedule and attend an interview at the U.S. Embassy or Consulate.  

FAQs About

Why Would My O-1 Visa Be Denied?2022-07-25T14:15:34-04:00

Unfortunately, your O-1 visa can be denied for a variety of reasons. Among the most common: 

  • You do not meet the qualifications;
  • You failed to provide supporting documentation;
  • You are not sponsored by an employer;
  • The Department of State suspects you will not return home once your O-1 visa expires. 
Which Is Better: An O-1 or H1-B Visa?2022-07-25T14:13:26-04:00

A visa for individuals with extraordinary ability offers many advantages over other types of employment-based immigration: 

  • It is generally easier to apply for;
  • Can get approved faster;
  • No limit regarding the number of O-1 visas granted;
  • It is relatively easy to renew. 

An H1-B visa is more difficult to obtain and better suited to someone who is seeking permanent 

residence and citizenship. 

How Do I Pass an O-1 Interview?2022-07-25T14:12:57-04:00

It is natural to get nervous about your O-1 visa interview. However, these tips can help ensure you pass with flying colors: 

  • Be on time;
  • Maintain a professional appearance;
  • Have all required documents handy;
  • Be ready to discuss your qualifications and why it is important for you to work in the U.S.
Contact An Experienced Atlanta Employment-Based Immigration Lawyer

An O-1 visa for Individuals with Extraordinary Ability or Achievement provides you with important opportunities but obtaining one can prove challenging. To increase your chances of success, reach out to Garvish Immigration Law Group. We provide the trusted, professional legal guidance you need throughout the process. Call 1.800.951.4980 or contact our Atlanta employment-based immigration lawyers online to schedule a case evaluation today. 

At our Atlanta-based law firm, we have extensive experience representing and advising companies on employment based immigration, including EB-3 visas, as well as non-immigrant visas. The experienced Atlanta-based EB-3 attorneys at Garvish Immigration Law Group are here to assist you through the entire process. 

Contact An Experienced Atlanta Employment-Based Immigration Lawyer
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