The O-1 visa is designed for individuals who have demonstrated extraordinary ability or achievement in their field. This non-immigrant visa category allows talented professionals in the arts, sciences, education, business, athletics, or the motion picture or television industry to work temporarily in the United States.

In this blog post, we will explore the eligibility criteria, benefits, and application process for the O-1 visa and discuss how hiring Olena Manilich, an experienced immigration lawyer, can help you navigate the process successfully.

There are two subcategories of the O-1 visa: O-1A and O-1B. The O-1A visa is for individuals with extraordinary ability in the sciences, education, business, or athletics, while the O-1B visa is for those with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. To qualify for an O-1 visa, applicants must demonstrate sustained national or international acclaim and recognition in their field by providing evidence of their accomplishments, such as:

• Major awards or prizes
• Membership in organizations that require outstanding achievements
• Published material about the applicant in professional or major trade publications
• Participation as a judge of others in the same or a related field
• Original contributions of major significance in the field
• Authorship of scholarly articles in professional journals or other major media
• Employment in a critical or essential capacity for organizations with a distinguished reputation
• High salary or remuneration for services, as demonstrated by contracts or other reliable evidence

1. Flexible Duration: The O-1 visa is initially granted for a period of up to three years, with the possibility of extending it in one-year increments for an indefinite period, as long as the visa holder continues to work in their area of extraordinary ability.
2. Dual Intent: Although the O-1 visa is a non-immigrant visa, it allows for “dual intent,” meaning visa holders can pursue permanent residency (green card) without jeopardizing their O-1 status.
3. Support for Family Members: The spouse and unmarried children under 21 of an O-1 visa holder are eligible for O-3 dependent visas, allowing them to live in the United States. However, O-3 visa holders are not permitted to work in the US.
4. No Annual Cap: There is no limit to the number of O-1 visas issued each year, increasing the chances of obtaining the visa.

1. Find a US Employer or Agent: Applicants must have a job offer from a US employer or an agent representing them in the US.
2. Obtain an Advisory Opinion: The employer or agent must obtain an advisory opinion from a peer group, labor organization, or management organization in the applicant’s field.
3. Submit Form I-129: The employer or agent must file Form I-129, Petition for a Nonimmigrant Worker, along with the necessary supporting documents, with the United States Citizenship and Immigration Services (USCIS).
4. Attend a Visa Interview: If the I-129 petition is approved, applicants outside the US must schedule a visa interview at a US embassy or consulate in their home country.

Applying for an O-1 visa requires a thorough understanding of the eligibility criteria and the ability to present a compelling case for your extraordinary ability or achievement. Hiring an experienced immigration lawyer like Olena Manilich can significantly improve your chances of success. Olena Manilich and her team can help you:

1. Determine if the O-1 visa is the right option for your specific situation.
2. Identify and gather the necessary evidence to demonstrate your extraordinary ability or achievement.
3. Prepare and submit the Form I-129 and accompanying documents, ensuring they meet USCIS requirements.
4. Represent you in communications with the US government throughout the application process.

Don’t leave your O-1 visa application to chance. Reach out to Olena Manilich and her team of experienced immigration lawyers to guide you through the process and maximize your chances of success. Contact us today for a consultation and start your journey toward working in the United States with the O-1 visa.