While working on an O-1 visa can be more flexible compared to most other nonimmigrant visas, there are some work restrictions and limitations attached to it. If you are about to apply for the O-1 visa, it is crucial to understand these restrictions to help you make the most of your status.
Overview
The O-1 nonimmigrant visa is a nonimmigrant classification designed for foreign nationals with extraordinary achievements in their fields. It is made up of two subcategories: the O-1A for those in the field of sciences, business, education, or athletics; and the O-1B for professionals in the motion picture or television industry.
O-1 Visa Work Restrictions
Though this classification offers numerous opportunities and flexibility in terms of employment, there are some O-1 visa work restrictions attached to it. They include:
You Cannot Sponsor Your Own O-1 Visa
Because the O-1 visa is a classification for those with extraordinary achievements, many people assume they can sponsor themselves just as they can with the EB-1 green card, which is also designed for people of extraordinary achievement. However, according to the immigration laws guiding the O-1 application process, all O-1 visa beneficiaries (with a very few exceptions) must be sponsored by a U.S. employer or an O-1 visa agent.
Changing Employers Requires a New I-129 Petition
While you may work for multiple employers or move from one employer to another as an O-1 holder, there are certain restrictions to this privilege. If you want to change your employer, then your new employer must submit a new I-129 to the USCIS. If your original O-1 petition was filed by an agent, an amended petition must be submitted with evidence from the new employer. It must also include a request for an extension of stay.
Material Change in Terms and Conditions of Employment
The USCIS requires your employer to file an amended O-1 petition if there is any material change to your employment terms and conditions. The amended petition must be submitted to the same service center where the original petition was filed. Keep in mind that some smaller changes do not require an amended petition.
This is where the confusion usually faced by O-1 petitioners and beneficiaries begins, as it is difficult to tell how to differentiate material and immaterial changes. In many cases, working with an immigration attorney will help you understand this, as there is an exhaustive list of what may qualify as a material change.
There are special regulations for athletes. For instance, if you move from one team to another, your employment authorization will continue with your new team for 30 days. Within the 30 days, your new team must file an I-129 on your behalf. If your new team fails to file the petition within the stipulated period, or it was filed and denied, you will lose your employment authorization.
Job Description
As an O-1 holder, your employment is restricted only to the activities and events for which your visa was granted. You cannot engage in any other activity outside the itineraries submitted to the USCIS as part of your visa application. Also, your employment must commence on the date authorized by the USCIS. It must also end no later than the authorized end date.
Are There Travel Restrictions for O-1 Visa Holders?
Immigration law does not place travel restrictions on an O-1 visa. You may travel as often and as far as you want, and return to the U.S. after your trip abroad. However, it is imperative to fulfill all immigration obligations needed to maintain your status while you are away. To re-enter the U.S. after your trip, you will need:
- A passport that is valid for at least six months longer than your O-1 visa expiration date
- A valid O-1 visa as stamped in your passport.
- I-797, Approval Notice for your O-1 visa
- Your updated employment letter shows that you are still currently employed as an O-1 holder. It must include your dates of employment, job description, and salary.
Are There Limitations or Restrictions on the O-1 Visa Period of Stay?
One of the general misconceptions of the O-1 visa is that one can remain in the U.S. for as long as they want, since there is no official limitation on the number of times the visa can be renewed. While this may be theoretically true, there is a restriction to it.
An O-1 visa is issued for however long your employment with the petitioner will last. In most cases, this initial period of stay is three years, with the possibility of obtaining extensions in increments of up to one year for as many times as your O-1 activities with the employer will last.
O-1 visa holders are eligible for a discretionary 60-day grace period upon termination of employment (or until the end of their authorized validity period, whichever is shorter).
What are the Advantages of an O-1 Visa?
Despite the work restrictions mentioned above, the O-1 remains one of the most advantageous work visas. It offers you numerous benefits, which include:
Green Card Opportunity
As a “dual intent” visa, the O-1 classification allows you to adjust your status from nonimmigrant to immigrant and become a lawful permanent resident in the United States. As an O-1 visa holder, you stand a good chance of qualifying for the first preference employment-based green card category (EB-1) due to the fact that the O-1 and EB-1 have very similar requirements. However, keep in mind that there is no automatic qualification—you will still need to provide enough evidence to demonstrate your qualification for permanent residence.
We strongly recommend that you work with an immigration attorney to improve your chances for approval. One of the most beneficial aspects of the EB-1 visa is that, unlike the O-1 visa, you can sponsor the petition yourself. Apart from the EB-1, there are several other green card categories available to O-1 status, including the EB-2 and EB-3 green cards.
Derivative Visas for Your Family and Support Staff
One of the advantages of the O-1 is that it allows your dependents and support personnel to have immigration status in the United States. The O visa derivatives are the O-2 and O-3 visas and are issued with the same period of stay granted to the principal beneficiary.
If your service requires essential support that cannot be carried out by a U.S. worker, your assistant can come with you on an O-2 visa. The O-2 visa is only allowed in the case of athletes and artists.
The O-3 visa is for your immediate family members (spouse and children under the age of 21). Keep in mind that your dependents are not permitted to work while on the O-3 status. For your dependents to work, they must obtain an Employment Authorization Document (EAD). After becoming a green card holder, you will be eligible to sponsor their green card and obtain an EAD for them.
Long Period of Stay
As we mentioned earlier, after your initial period of stay (usually three years), you can request an extension. The USCIS issues O-1 extensions in increments of one year, which can be for as many times as possible as long as you still have valid O-1 employment or contract in the U.S.
O-1 Visa Processing Time
The processing time for the O-1 classification is relatively short compared to most other nonimmigrant visas. The I-129 petition usually takes between 3-4 months to process, depending on the service center in charge of your case.
For an extra fee of $2,805, you can elect for premium processing, in which USCIS guarantees a response within 15 business days.
Some weeks after a decision has been made on your petition, you will be scheduled for an interview. After a successful interview, you can make plans to travel down to the U.S. before the start date of your employment.
How VisaNation Can Help
Before applying for the O-1 visa, it is of utmost importance that you know the requirements, restrictions, and benefits attached to it. This will help you to weigh your options and prepare your petitions diligently. Working with an immigration lawyer will give you a clear picture of the application process, improve your approval chances, and help you make the most of your status.
VisaNation Law Group’s highly qualified immigration lawyers have extensive experience with the O-1 application and employment processes. We have successfully helped many beneficiaries process and acquire their O-1 visas. VisaNation Law Group lawyers will review your credentials and help you understand the O-1 visa work restrictions. We will also work with you to prepare your documents and file your petition to meet the O-1 evidentiary criteria.
Speak with an Experienced O-1 Attorney