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This is a temporary nonimmigrant visa for foreigners who claim to have “extraordinary ability in the field of art, science, education, pictures and TV Industry to enter the US for official purposes.
How to Apply For O-1 Extraordinary Ability:
On the approval of the petition filed by the employer you can apply for this visa in the US embassy/consulate in the foreign country. The petition is to be filed not more than 6 months before the need for services arise.
O-1 Extraordinary Ability visa can be obtained very quickly by adopting the premium processing procedure.
While filing the application the following documents should be enclosed:
- In the case of a scientist, businessman and athlete evidence for international recognition, award, membership in a group or committee, presentation of articles and critical roles in organizations.
- In the case of an artist and an individual who is exceptional in motion pictures or TV industry, evidence for nomination/receipt of award, exceptional performance, national/international recognitions, media recognitions and commercial successes.
You can engage only in those activities which are approved by USCIS.
Eligibility For O-1 Extraordinary Ability:
To qualify for an O1 visa you need to prove the following:
- That you possess extraordinary skill and competence in the areas listed above.
- That you possess international recognition.
- That the purpose of visit to the US is temporary.
- That the purpose of visit should necessarily require you expertise.
- That there exist a contract between you and the employer that clearly specifies the details of the visit.
Length of Stay and Extension For O-1 Extraordinary Ability Holders:
The period of stay under this visa is 3 years. Extension of stay is given in the increments of 1 year with an addition of 10 days for personal reasons or till the date of completion of the projects whichever is earlier.
Working under multiple employers is permitted provided each of them file petition in this regard. You can travel to and from the US without any restriction. Full time study is not permitted under O1 visa.
O-1 Extraordinary Ability Holders Whether Qualified to Apply for other Visas & Citizenship:
Change of status from O1 visa to other categories is allowed. You can apply for permanent residence under this visa. Labor certification requirement for permanent residence is waived as they are similar to the Extraordinary Ability visa holders under EB-1.Dependents can accompany you under O3 visa but they cannot work under this visa and support personnel under O2 visa.
In which case your O-1 Extraordinary Ability Application will be rejected:
- Where the conditions stated in the petition stand violated.
- Facts stated in the petition are not true.
- The position for which the visa application is made stands changed.
- Where the eligibility requirements of the applicant are not satisfactory.
Conclusion:
Where the employer terminates the employment before the expiry of the term, the transport cost of returning the individual is borne by the employer. Where an application is made for a similar requirement as in O1 visa but instead of a temporary stay a permanent stay is requested the said application is processed under EB-1 category. |
