With heavy competition for the limited number of new H-1Bs every year, many companies are looking for viable alternatives to hire foreign talent with the skills and experience they need. For workers who can prove that they are nationally recognized as a scientist, artist, athlete, or business genius, the O-1 visa might just be a golden opportunity. Historically viewed as an option for those within the creative and scientific sectors, it is often an overlooked option for those within the corporate world however can be incredibly beneficial for employees and employers alike.
Why Choose the O-1 Visa?
- Dual Intent: Employees can file for permanent residency (a green card) without disrupting their O-1 status.
- No Cap: There’s no limit on the number of O-1 visas issued each year.
- Flexible Terms: Initially valid for up to three years, it can be extended in one-year increments. Employees can work in any position related to their background.
- Dependent Family Members: Spouses and kids under 21 can accompany on an O-3 visa, allowing them to live and study in the U.S.
- Lawful Permanent Residency: The path to a green card for those in O-1 status can be much faster than the standard green card process.
Who Qualifies?
To apply for O-1 status, applicants need to show that they’ve achieved national or international acclaim. There are two different types of O-1, namely, O-1A and O-1B. Here are the criteria USCIS evaluates to determine whether someone qualifies:
O-1A (Sciences, Education, Business, Athletics)
Applicants need to meet at least three of these:
- Has won major awards or prizes.
- Belongs to associations that require outstanding achievements.
- Featured in professional publications or major media.
- Judged others’ work in their field.
- Made significant contributions to the field.
- Published scholarly articles.
- Played a crucial role in distinguished organizations.
- Commands a high salary compared to others in the field.
O-1B (Arts, Motion Pictures, TV)
Applicants need to show extraordinary achievement through:
- Leading roles in well-known productions or events.
- Critical acclaim in reviews or major publications.
- Major commercial success.
- Recognition from organizations, critics, or experts.
- High salary or substantial remuneration compared to peers.
The Application Process
USCIS’s processing time for O-1s is fairly quick, usually a few weeks. However, the process of collecting documentation can be lengthy. It often takes applicants a month or two to gather all of the required documents.
For each of the criteria under which the applicant is attempting to qualify, significant documentation must be provided. Sometimes the documentation is easy to find, such as a Google Scholar profile. Other types of documents can be more difficult. For example, we typically advise including five to ten recommendation letters from others in the field, printed on their company letter head with a wet signature. These letters can take time to compose and be signed.
Case Study
We recently had the opportunity to help an organization obtain a visa for their new CEO. Due to the seniority of the role, the appointment had to be publicly announced meaning that a solution had to be found urgently. Without available H-1Bs or other visa options, we looked to O-1 as a solution.
Under immense pressure due to timings and the high-profile nature of the appointment, an application was prepared relying on the criteria of: Significant Contributions, Roles with Distinguished Organizations, and High Salary. A strong application was promptly prepared, with an approval subsequently quickly being issued.
The result of which, the organization was able to meet their announcement requirements and the CEO was able to commence employment to schedule. Whilst a great outcome for all involved, it also demonstrates the availability of the O-1 for those within the corporate world.
Conclusion
Companies should consider the O-1 visa for highly talented individuals. While this is often considered as an option for only the elite of the elite within the creative and scientific sectors, you might be surprised at how successful a well-crafted legal argument can be. The O-1 is a great option because it provides opportunities for career advancement and professional recognition in a global market. Additionally, the visa allows for relatively flexible employment terms and the possibility of extending the stay and including family members, making it an attractive option for distinguished professionals.
For companies considering a candidate for an O-1 visa, get your lawyer involved as early in the process as possible. The sooner we are involved the sooner we will be able to advise on feasibility and begin strategizing on the case.
For further information on this topic and more, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com.
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