The O1 Visa is a non-immigrant visa for individuals with exceptional skill in the sciences, arts, education, business, or athletics, or who have an established record of great performance in the motion picture or television sector that has been recognised nationally or internationally.
To be eligible for an O-1 visa, you must have extraordinary ability as evidenced by sustained national or international acclaim, or a track record of extraordinary achievement in the motion picture and television industries, and you must be coming to the United States temporarily to continue work in the field of extraordinary ability.
In the realms of science, education, business, or athletics, extraordinary ability denotes a level of skill suggesting that you are among the small fraction of people who have risen to the top of their field.
Extraordinary artistic aptitude is a mark of distinction. Distinction in the arts denotes a high level of accomplishment. This is demonstrated by a level of competence and notoriety well beyond the norm, to the point that you are a notable, recognised, leading, or well-known figure in the field of arts.
You must demonstrate outstanding achievement in the motion picture or television industry to be eligible for an O-1 visa. This is demonstrated by a level of competence and recognition well beyond the norm, to the point that you are regarded as remarkable, notable, or leading in the motion picture and/or television industries.
On your behalf, a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent should file (see Form I-129, Petition for Non-immigrant Worker) together with the requisite evidence according to the form instructions. Your employer or agent cannot file the petition more than one year before you are needed. Your employer or agent should file your Form I-129 at least 45 days before the start date of employment to avoid delays.
A documented advisory opinion from a peer group (including labour groups) or a person with knowledge in the beneficiary’s area of ability must be provided by the Petitioner. The consultation must come from an appropriate labour union and a management entity with knowledge in the beneficiary’s field of competence if the O-1 petition is for an individual with remarkable success in motion picture or television.
When a consultation includes a watermark or other distinguishing features to verify the document’s validity, petitioners should submit the version with the watermark or other distinguishing marks to USCIS. Copies of papers that lack the required watermark or other distinguishing characteristics may raise questions about the document’s legitimacy and cause processing delays. The petitioner may be required to present the original version of the document, for example, by USCIS. Petitioners should ensure that they submit the correct version and that any accompanying watermarks or other unique marks are legible to minimise processing delays.
O-1 professional athletes have their own set of rules. If you are traded from one team to another, your employment authorization will be extended for 30 days with the new team, after which the new employer must file a new Form I-129. If you file a new Form I-129 within the next 30 days, your employment authorization will be extended at least until your petition is processed. You will lose your employment authorization if the new employer does not file a new Form I-129 within 30 days after the trade. If we reject your new Form I-129, you will lose your work permission as well.
O1 and O2 visa holders’ families
If your spouse and children under the age of 21 will accompany you or join you later (known as “following to join”), they may be able to apply for an O-3 non-immigrant visa, which will have the same admission period and restrictions as you. They are not allowed to work in the United States while on an O-3 visa, but they are allowed to study full-time or part-time.
Transportation on the way back
If your employer fires you for reasons other than your voluntary resignation, they must cover the reasonable expense of returning you to your last place of residence before allowing you to enter the US. If the petition was filed on behalf of the employer by an agent, both the agent and the employer are equally accountable for the costs.
A Visa is required for any foreign national wishing to enter the United States. It could be a non-immigrant visa for a short period of time or an immigrant visa for a long period of time. To enter the United States, Indians must get a non-immigrant visa.