Opportunities:

  • For aliens with extraordinary ability, O-1 could be a very good alternative for H1B visa. If you were not selected in your H1B lottery or have maxed out the 6-year time limit of H1B visa, O-1 could be the best non-immigrant option for you.
  • O-1 may not be as difficult to qualify as its immigrant counterpart EB1A. An alien, whose credentials may present a hard case for EB1A could still have a very good chance of securing an O-1 approval.
  • O-1 holder can have dual intent, meaning extension of O-1 status is not adversely affected by application for permanent residency.
  • O-1 visa could be your stepping-stone towards your immigrant visa, laying down good record for green card petitions such as EB1A, EB1B or NIW.
  • O-1 visa is especially favorable for J-1 holders subject to the two year foreign residence requirement, who can apply for O-1, seek consular processing O-1 and then reenter US without obtaining J-1 waiver beforehand.

Challenges:

  • O-1 visa/status is targeted for aliens of extraordinary ability or achievement in the sciences, arts, business and education. The applicant needs to demonstrate that he or she possesses a level of expertise indicating that the person is one of the small percentages who have risen to the top of the field of endeavors.
  • Only the U.S. employer or a U.S. agent can petition for O-1 visa. An alien cannot apply for an O visa for himself or herself.  Finding a qualifying employer or communicating the visa situation with the employer could be challenging.
  • An advisory Opinion from a peer group, labor and/or management organization with expertise in the specific field involved is required.

The Services We Offer

  • Provide guidance on employer sponsorship and effectively communicate with employer to facilitate the O-1 preparation process.
  • Provide guidance on obtaining advisory opinion from your specific field of endeavor.
  • Provide sample recommendation drafts related to your field. Review and revise recommendation letters provided by your recommenders.
  • Interact with you through meetings or conference calls to investigate your field and achievements, come up with the best case strategy and guide you through the process.
  • Draft the petition letter on your behalf. Carefully describe your achievements and supporting documents, pointing out to USCIS that each legal requirement has been met.
  • Conduct background research on your field and relate your achievement to the US national interest, maximizing your chance of approval.

O-1 Topics