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O-1 Extraordinary Ability Visa
O-1 Extraordinary Ability Visa
O-1 Status is a non-immigrant status category for aliens of extraordinary ability in the sciences, arts (including the television and motion picture industry), education, business, or athletics. This employment-based status allows qualified aliens to live and work in the United States. O-1 petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent on behalf of the beneficiary. The O-1 visa is a dual intent visa, meaning that the beneficiary may simultaneously seek permanent resident status in the U.S. on O-1 without worrying about preconceived intent issues.
The initial period of stay for O status is up to 3 years. An approved O petition will have a validity period commencing with the date of approval and ending with the date requested by the petitioner. This date is not to exceed the date which USCIS has determined to be necessary to complete the work-related event or activity the alien is in the United States to do. Again, this time period will not exceed 3 years and may certainly be less than that. Any requests for extensions of stay will be considered by USCIS and, once they have determined the time necessary to accomplish the initial event or activity, will be granted in increments of up to 1 year.
As discussed above, O status can be sought by an employer in the US for an alien when a work related event or group of activities require he or she to travel to the United States on a temporary basis. The Code of Federal Regulations defines a qualifying event as “an activity such as, but not limited to, a scientific project, conference, convention, lecture, series, tour, exhibit, business project, academic year, or engagement.”
In addition, a job which may not have a specific engagement or project that exactly fits the above definition may also count, if the job is the “activity” within the alien’s area of extraordinary ability. Activities such as these may include short vacations, promotional appearances, and stopovers which are incidental and/or related to the event.
O-1 status is distinguished from other employment related statuses in that it applies to more types of work than other visa categories, such as H or L. For example, H-1B status is limited to professionals and cannot apply to athletes or entertainers as can O-1 status. In addition, in our experience, many seeking non-immigrant status after the H-1B quota for that fiscal year has already been reached will apply for O-1 status, if they qualify. One of the benefits of the O visa is that it does not have an annual quota. For more information on the H-1B visa program, please click here.
Another important benefit of O-1 status is that it is a viable status to seek for aliens subject to the two-year foreign residency requirement of the J-1 exchange visitor program. Many people who hold or have held J-1 or J-2 status are not permitted to obtain an H or L visa status until they and/or the primary J-1 status holder has spent two years in their home country after the expiration of the J-1 status or a waiver of the two-year residency requirement is obtained. These individuals may obtain O status without fulfilling the two-year residency requirement or getting a waiver of the requirement. In such cases however, the alien may not change status to O-1 in the United States, but must obtain an O-1 visa in their country of citizenship after their O-1 application is approved by the USCIS. For more information on the J-1 exchange visitor program, please click here.
If you would like help regarding business immigration, family-based immigration, and immigration-related litigation, or if you have questions about any other immigration-related issue, we encourage you to get in touch. To speak with one of our highly-experienced immigration attorneys in confidence, please call 888-529-5990 or request an appointment online today.