O-1 Visa for Individuals with Extraordinary Ability or Achievement
There are several programs for immigration of highly skilled specialists in the USA. O-1 is one of them. Businessmen and startups who have awards, membership in associations and, for example, publications in the media, can easily get this visa. The same goes for representatives of the creative professions. So do not think that the visa application "for persons with outstanding abilities" is available only to Nobel Prize winners or movie stars.
The main thing is to prove that the applicant meets the criteria of extraordinary and there is a specific company in which he will work in the USA . In the case of businessmen, the issue of having an employer is solved very simply: it is enough to have a branch or your own company in the USA. Other professionals require employment agreements with US agencies or corporations.
Program's details
- Suitable for businessmen and startups, scientists, sportsmen, people of art
- 1-3 years standard validity period
- Unlimited renewals as long as the reason remains
- Nonimmigrant visa does not lead to citizenship
- 1-2 months application consideration period
- For the whole family spouse and children under 21years old
- Life in the USA and free travel abroad
- The right to study for a spouse and children
The official website of the program
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About the Program
The O-1 is a nonimmigrant work visa for national or international businessmen and professionals. High-qualified businessmen, scientists, professors, athletes apply for this visa in order to move to the United States and work on a specific project. The most important thing is to find an employer in the USA and confirm the high qualifications and achievements of the applicant (awards, membership in associations, publications in the media, grants, etc.).
More precisely, the appropriate level of merits in official documents is formulated as follows: "A degree of knowledge, skill and fame, significantly exceeding the recognized or leading experts in the field." It may sound scary, but in practice, the O-1 visa is available to anyone who draws up a package of documents with regalia under the guidance of a competent consultant.
USCIS, the US Citizenship and Immigration Service, regulates the issuance of visas of this and other types. About 15-17 thousand O-1 visas are issued in the world every year, so it will be possible to issue a visa and go through the entire procedure quickly - in one or two months - and without fear of not falling into the quota ( the program does not have such restrictions).
Another plus of the O-1 program is that an immigrant is not tied to one employer, has the right to get a new job within 60 days after being fired. Also, the main applicant has the right to move his spouse and minor children to America with an O-3 visa.
There are two subtypes of visas for main applicants: O-1A and O-1B. The first option is for gifted specialists from business, science, education, sports, and the second one is for celebrities from the field of art, cinema and television.
Businessmen and startups can participate in the program through the creation of a legal entity in the United States (for example, C-Corp.). At the same time, the founder's shareholding should not be a controlling one. (Since O-1 is a work visa, the company should formally have the option to fire this employee.)
For the first time the O-1 visa is issued for one-three years (depending on the applicant's citizenship) with the right to renew it. You may stay any number of days in the US per year necessary for successful business. An O-1 nonimmigrant visa does not lead to citizenship or residence permit, but almost the same set of documents can be applied for an EB-1 green card, for example, after moving to the States, when professional merits appear in a new country.
On April 22, 2020, Donald Trump signed a proclamation to suspend the entry of foreign workers from countries at risk because of the coronavirus outbreak. Issuing new visas for H-1B, H-2B, J and L categories has been suspended until December 31, 2020.
Conditions for Obtaining a Residence Permit
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Requirements for the applicants:
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- To comply with at least three out of eight criteria for extraordinariness:
- national or international prizes and awards;
- membership in professional associations;
- Articles in publications and the media about your achievements;
- participation as a member of the jury in professional contests, competitions;
- a significant contribution to scientific development, research in the chosen field;
- publication of author's research and articles related to the professional field;
- work in key positions in the largest companies, institutions;
- confirmation of a sufficient level of income due to professional merit (bonuses, grants, high salaries, etc.). - To prove the need for your participation in an American project (or company activity). If we are talking about a businessman who owns a company in the United States - a business plan.
- An applicant who is a CEO of a US company should not own a controlling interest.
- To have no criminal record or violations of immigration laws.
- To comply with at least three out of eight criteria for extraordinariness:
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Residence Permit for Family Members
Family members may move to the United States with the applicant:
- a spouse,
- unmarried children under 21 years of age.
The valid period of their visas cannot exceed the valid period of the visa issued to the main applicant.
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Documents
- DS-160 Nonimmigrant Visa Application
- International passport that is valid for at least six months longer than the intended period of stay in the United States
- Photo 5 × 5 cm
- Approved Petition I-129
- Confirmation of high qualifications and outstanding merits (awards, regalia, publications, etc.)
- Reference letter from a national or international association of professionals
- Proof of written (contract) or verbal agreements with an employer in the United States
- Description of the project (or a business plan) in which the applicant will work, his relevance in this project as a professional, as well as an indication of the duration of his stay
- Birth certificates of children, marriage registration documents.
- Certificates of employment of the spouse, resume
- Additional documents (at the request of immigration officials)
Additional Expenses
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State fees
If the applicant is abroad and submits documents through the consulate: the consular fee for filing an online application is $190.
If the applicant is already in the United States: $460 is the standard fee for processing an I-129 petition with USCIS; $1,440 is the fee for expedited review (15 days).
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Legal expenses
The services of a lawyer who will accompany the process cost $3,000-10,000. Additionally, you may need assistance in registering a legal entity and preparing a business plan if these options are not included in the lawyer's fee.
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Rights and Obligations
Rights
- The visa holders are eligible to work and do business in the USA
- The spouse is eligible to study in the USA
- The children may study at American schools
- The visa holders are eligible to travel outside the United States without time limits
- The visa holders are eligible to renew the visa while maintaining the basis
- The visa holders are eligible to change this visa to immigration one.
Obligations
- The visa holders should work for the declared company or move to a similar position to another employer.
- The whole family should leave the USA after completing the work.
The procedure for obtaining
