One of the advantages of a J-1 exchange visitor visa is that you can change status to another nonimmigrant status if you wish to remain in the United States after the completion of your program.
The O-1 nonimmigrant visa is one of the categories you can easily switch to from your J-1 status. This visa offers many benefits over other types of work visas. Some of the benefits of having an O-1 visa include, but are not limited to:
- An O-1 visa can be extended as many times as is needed, as long as the requirements for the O-1 visa are met
- Covers a variety of fields (academics, athletics, science, arts)
- There is no annual cap, unlike other work visa types that have a numerical limit on the number of foreign workers each year.
- It allows your dependents to live and study in the U.S.
- Applying later for permanent residency as an O-1 nonimmigrant is easier, especially with the EB-1 green card, which requires no PERM Labor Certification or job offer.
O-1 Visa Overview
The O-1 is a nonimmigrant visa for foreign nationals who possess extraordinary ability in the arts, sciences, education, business, or athletics. It is also available to those who have demonstrated remarkable achievement in the motion picture or television industry and are well-known nationally and internationally for those achievements.
The O-1 visa can be categorized into two subgroups known as O-1A and O-1B. As a J-1 nonimmigrant, you may qualify for an O-1 visa if you can demonstrate extraordinary ability or you are highly exceptional in your chosen field.
Evidentiary Criteria for O-1A
The O-1A subcategory is for people in the sciences, business, education, or athletics. If your career is in any of these fields, you are expected to have a level of proficiency that distinguishes you as being in the small percentage of those who have risen to the very top of their fields. To prove this, you must show evidence of at least three of the following:
- Receipt of internationally or nationally recognized awards or prizes of excellence in your field
- Membership in top associations in your field which is meant for individuals with outstanding accomplishments, and judged by recognized international or national experts in the field
- Publication in a major trade journal or news media about you and your work in your field
- Original scholarly, scientific, or business-related contributions of major significance you have made in your field
- Authorship of scholarly works in major media or professional journals in your field
- A high salary for services which must be evidenced by contracts or other reliable proof
- Participation as a judge of other people’s work in your specialized field or allied to your field, either individually or as a member of a panel
- Employment in a critical or essential position for highly reputable organizations
Evidentiary Criteria for O-1B
The O-1B subcategory is meant for individuals in the arts, motion picture or television industry. You must possess expertise that is well above ordinary. To prove this, you must show evidence of at least three of the following:
- You’ve performed as a lead or starring character in a highly reputable production or event
- You’re going to have a starring role in a well-known organization
- Have international or national recognition for your achievements in the industry
- Recognition from government agencies, organizations, critics, or other experts for your achievements in the industry
- A high salary or remuneration that shows your extraordinary skills in the industry
- Evidence of major commercial success of your work reported in trade journals, major newspapers, or other publications.
Some J-1 participants (e.g. fresh graduates who are just starting out in their careers) may not meet the above criteria.
Can I Change from J-1 to O-1 If I’m Subject to the 212(e) Two-Year Residency Requirement?
Yes, J-1 visa holders, even those subject to the two-year home-country physical presence requirement, can change to O-1 status without having to file a J-1 waiver. This is because, unlike the H-1B visa or green card, the O-1 does not require fulfilling the home residency requirement. However, if you ever decide to transition to a green card or the H-1B from O-1, you will be obligated to fulfill the two-year requirement or file a waiver.
For J-1 visa holders in the United States subject to the two-year requirement, your employer must check the consular notification on the I-129 form. This will require you to travel back to your home country and attend the O-1 interview at your local embassy/consulate. You cannot adjust your status from inside the United States.
How Do I Change From J-1 to O-1 Status?
For the O-1 visa, you will need an employer to sponsor your visa. Once this is established, the following steps are required:
File the I-129, Petition for Nonimmigrant Worker Petition
Your O-1 visa must be sponsored by a U.S. employer who will act as the petitioner. The employer must file the I-129 to petition the USCIS on your behalf.
It can be filed up to one year before the start date, but it should be filed at least 45 days before employment to avoid delay. The form contains sections requesting information about you, your employer, and the nature of the job offer. The I-129 must be submitted with relevant documents as supporting evidence.
Provide O-1 Visa Supporting Evidence
One such document is a consultation, which is a copy of a written advisory opinion from a peer group or labor organization about your area of ability. The USCIS prefers a watermarked document or one that contains other distinctive marks that confirm the authenticity of the material. However, if you cannot provide a written consultation, the USCIS will base its decision on other evidence in your record.
Provide Evidence of Contract Between You and Your Employer
The petition must also be submitted with a copy of any written summary of the terms of the agreement between you and your employer. This evidence must contain:
- What was offered by your employer, and
- What was accepted by you (the employee)
Note: Even if the agreement was oral, it must be summed up in written form and submitted with the petition.
Itineraries
This is an explanation of the nature of the activities, events, as well as the beginning and ending dates of the contract. The activities must be within your professional field.
Can My Family Members Change Their Status?
Your dependents (spouse and children under the age of 21) may also change their status to allow them to remain with you in the U.S. They will need to file an I-539, Application to Extend/Change Nonimmigrant Status.
All your dependents can be included in one I-539. To ensure that your change of status application and that of your dependents are adjudicated at the same time, you will need to file both forms I-129 and I-539 together. You must, however, ensure that you, your employer, and your family members follow the instructions accordingly in each of the forms.
What Are the Processing Times to Go from J-1 to O-1?
The O-1 visa processing time is around 11 months according to USCIS data. However, the timeline can be reduced to 15 business days through the optional premium processing service.
What Are the Fees to Change from J-1 to O-1 Status?
Fees for Beneficiary
- DS-160 Application Fee: $205
- Form I-539 for Dependents: If your family is changing status with you, this form costs $470 (paper) or $420 (online).
Fees for Employer
- Form I-129 Filing Fee: The employer is responsible for filing and paying fees associated with this petition. The fee is currently $1,055 or $530 for small employers/nonprofits.
- Asylum Program Fee: A fee of $600, or $300 for small employers, is also required from the employer.
- Premium Processing (Optional): $2,965, can be paid by either the employer or the employee, depending on the circumstance. This reduces the adjudication timeline to 15 business days.