When it comes to working temporarily in the U.S., you can’t go wrong with the O-1 visa. The advantages it provides are substantial, but getting an O-1 is no small feat. You’ll need to demonstrate that you are a foreign national with extraordinary achievement, and there’s a lot that goes into that statement. In this post, we’ll go over the top O-1 visa benefits.
O-1 Visa Benefits for Foreign Workers
The O-1 visa is split into two subcategories:
- O-1A: Individuals with extraordinary ability in science, education, business, athletics (O-1A)
- O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry
When comparing these O-1 visas against other work visas, you will find that, depending on your immigration situation, it has many benefits that the others do not. In this guide, we will cover the following benefits:
- Cost
- Ability to Work For Multiple Employers Through Agents
- Unlimited Extensions
- Bring Along Assistants and Family Members
- Ability to Obtain a Green Card
- No Visa Limits
1. Relatively Inexpensive
Relative to other nonimmigrant visas, the O-1 is relatively inexpensive:
- The employer/agent is responsible for a $530 (for small employers or nonprofits) or $1,055 (25+ employees) filing fee for the I-129 petition.
- The beneficiary is responsible for the $205 charge for the DS-160 online application (only if you are outside of the U.S. and are going through consular processing).
Additionally, you can opt to pay $2,965 for premium processing to have your I-129 processing time expedited to just 15 business days.
Compared to the hefty H-1B fees, where a $100,000 fee was recently introduced for beneficiaries seeking the visa from abroad, or the E-2 visa investment visa, which requires typically ~$100,000 of investment, the O-1 is relatively less expensive.
2. Ability to Work For Multiple Employers Through Agents
One question we often get is: “Can I self-petition for an O-1 visa?” While self-petitioning or self-sponsoring is possible through visas such as those in the E class, it is generally not possible through an O-1. That being said, if you own a U.S.-based company, the company can sponsor you if the petition proves the company is a bona fide employer and documentation establishes that actual work exists for the beneficiary.
So why have we added it to the list of O-1 visa benefits? This visa is advantageous because of the versatility of who your sponsor can be. Most visas that require a sponsor maintain that the sponsor should be an employer. However, because O-1 visa applicants are often contracted rather than hired at will, the sponsor can either be an employer or a U.S. agent.
An agent is someone who is hired to represent the employment and interests of the O-1 applicant. This designation means that you do not have to be committed to any one employer or seek a job offer to qualify for the O-1. You simply need someone to represent you who will sponsor you for your visa. However, that person must represent you throughout your O-1 visa duration of stay.
3. Unlimited Extensions
Here is where the O-1 visa benefits really pay off. Most other visas have a limited duration of stay. The H-1B allows you to stay for six years, the L-1 for five to seven, and the J-1 for an average of five. In contrast, the O-1 offers an initial period of stay of three years, but allows for unlimited extensions. Essentially, you can stay and work in the U.S. as long as you are under O-1 status and meet the requirements for an O-1 extension. These extensions are typically granted in one-year increments, but three year extensions are available for extensions that introduce new projects.
To petition for an O-1 visa extension, you need to file:
- Another I-129 form, along with the filing fee
- A copy of your I-94 arrival/departure card that has a non-expired departure date, and
- A written statement from your agent or employer, which states the reason for the extension and why your continued presence in the U.S. is required.
4. Bring Along Assistants and Family Members
Another O-1 visa benefit is the fact that you can bring your family along under O-3 status, which is granted to your spouse and unmarried children under the age of 21. Their visa validity time will be the same as yours, and if you receive an O-1 extension, that extension will be passed to your O-3 family if the I-539 extension is filed.
Additionally, you can bring along assistants considered essential to your work in the U.S. under O-2 status. These assistants can bring their own family members under O-3 status.
Lastly, O-2 and O-3 holders are capable of adjusting their statuses to lawful permanent resident, which we’ll talk about next.
5. Ability to Obtain a Green Card
For those on an O-1 visa, it is possible to apply for permanent residency. Because the qualifications are so similar, most O-1 holders choose to transition to an EB-1A green card for aliens with extraordinary achievement or EB-1B green card for outstanding researchers and professors.
Neither of these green cards requires a PERM Labor Certification, and the EB-1A does not require a job offer or sponsoring employer, a huge advantage.
Once you determine which green card you would like to pursue, you will need to file an I-140 petition. This will be filed by either you or your employer, depending on your green card – an O-1 agent cannot petition for you. Once your petition is received by the USCIS, that date will become your priority date. It will be up to you to stay up-to-date with the latest final action dates on the monthly visa bulletin. Once you see that the final action date for your green card category and country has matched or passed your priority date, a visa number will be made available, and you will be able to move on to the next step.
When your priority date is current, you can file an I-485 and the appropriate fees to the USCIS to have your status transferred from O-1 to green card status. Depending on which green card you choose and the final action dates in the visa bulletin, this process can take several years or only a few months. Speak with your immigration attorney to find out more about your unique case.
6. No Annual Limits
The O-1 is often compared to the H-1B visa. One advantage of the O-1 over the H-1B is that the O-1 does not have an annual limit. Employers can petition for the O-1 at any time of the year, and beneficiaries need not partake in an annual lottery. This makes the visa have much more flexibility and a faster timeline.
7. A Degree is Not Required
One of the key benefits of the O-1 is that a degree is not required. While it certainly helps, particularly with fields in sciences, education, and business, it is not necessary if you have a portfolio of achievements that show sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry.