FAQ
Explore our collection of frequently asked questions to gain clarity on the O-1 Visa process, its requirements, and nuances. From eligibility to application, we’ve got your queries covered.
What does "extraordinary ability" mean?
Extraordinary ability for the O-1A visa refers to a level of expertise indicating that the individual is one of the small percentages who has risen to the very top of their field in science, education, business, or athletics. For the O-1B visa, it means a high level of achievement in the arts, evidenced by a degree of skill and recognition substantially above that ordinarily encountered.
What qualifies as major international recognition for O-1A?
Major international recognition can include awards such as a Nobel Prize, Pulitzer, Oscar, Olympic Medal, or other high-prestige awards in your field. However, other lesser-known but still significant awards can also be considered.
What kind of "nationally or internationally recognized prizes or awards for excellence" are considered for O-1A eligibility?
These could be industry-specific awards or recognition that require significant accomplishment in your field to attain.
What are "original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field"?
This could be a discovery, development, or creation that has had a substantial impact on your field. It could be a scientific breakthrough, a novel business strategy, a unique artistic style, or an athletic feat.
What is considered a "commercial or critically acclaimed success" for O-1B eligibility?
This includes recognition such as box office success, high ratings, significant album sales, or positive critical reviews.
What evidence can I provide to demonstrate my "high salary or other significantly high remuneration" for O-1A eligibility?
Evidence could include contracts showing your salary, bank statements, or other official documentation. It is important that the salary or remuneration is high in relation to others in the field.
How can I prove my extraordinary ability if I don't have a major award?
You can still demonstrate extraordinary ability by meeting at least three of the other criteria for the O-1A or O-1B visa.
What is a "judging of the work of others" criterion?
This criterion involves instances where you’ve been asked to judge the work of others in your field, either individually or as part of a panel or committee.
What kind of "scholarly articles" qualify for O-1A eligibility?
Scholarly articles should be in your field of extraordinary ability and must have been published in professional journals, major media, or other significant platforms.
How does one demonstrate a "leading role in distinguished organizations" for O-1A eligibility?
Evidence could include job titles, descriptions of duties, letters from the organization, or other indicators that you play or have played an important role in a high-quality organization in your field.
What evidence is considered for "membership in associations" for O-1A eligibility?
You should provide proof of membership and a description or evidence showing that the association requires outstanding achievements of its members, as judged by recognized national or international experts.
Can I apply for the O-1A or O-1B visa if I am already in the U.S on another visa?
Yes, you can apply for a change of status from within the United States. However, this process has its own set of requirements and you should seek advice on this matter.
Is there a minimum period I have to stay in the U.S on an O-1 visa?
No, there is no minimum stay requirement. However, if you leave the U.S, you may need a new visa to return.
Can my family join me in the U.S if I hold an O-1 visa?
Yes, your spouse and unmarried children under the age of 21 can apply for O-3 visas to accompany you, but they are not permitted to work in the U.S.
Can I apply for a green card while holding an O-1 visa?
Yes, you can apply for a green card while on an O-1 visa. The O-1 visa is a “dual intent” visa, which means you can have the intention to immigrate permanently to the U.S.