5 Frequently Asked Questions about O-1 Visa

Questions about O-1 Visa

If you are a foreign national trying to visit the U.S. you may have heard of the O-1 visa. This visa is unlike any other type of immigration visa because it concerns a special class of individuals. In short, this visa is reserved for people who demonstrate extraordinary abilities that will provide some benefit to American society. San Diego immigration lawyers discuss 5 frequently asked questions and answers to help you explore some of the more important aspects of this visa.

1. Why Would Someone Apply For an O-1 Visa?

This visa is for foreign nationals who need to enter the country on an employment-based visa. Entry on an employment visa allows the foreigner to legally earn money during his or her stay in the U.S. The O-1 visa requires that the foreigner demonstrate that he or she is a person of national or international acclaim. This means the individual must have widely recognized achievements in fields such as sports, education or science. Members of the artistic community, such as actors or musicians, are also eligible for this visa. In some cases, widely-known members of the business community may also qualify. Whether you’re thinking about immigration or considering availing US citizenship and immigration services, San Diego lawyers advise you to keep the following details in mind.

To obtain an approval for this visa the applicant must provide credible proof of their status. This proof can include physical documents, media coverage, awards, scientific experiments or documented support from other well-known experts. Those attempting to qualify for their artistic abilities must show proof of extraordinary achievement in their field.

Regardless of how one intends to qualify for the visa, all applicants must plan on practicing their profession while in the U.S. The foreigner must also be sponsored by an employer. The O-1 visa recipient will be expected to work for this employer during his or her stay.

2. How Do You File for an O-1 Visa?

Since it is an employment-based visa, the sponsor is responsible for applying for the visa on behalf of the foreigner. The sponsor needs to show that he or she has a specific job that requires the unique talents of the foreign national. The employer must present proof in terms of a job offer that details the need for the individual, the work the foreigner will perform and the time required. Additional proof of the individual's ability must also be presented. Employers will frequently submit evidence in the form of written opinions from experts or associations that can support the foreigner's reputation.

3. Can Family Members Travel With an O-1 Visa Holder?

This class of visas contains the O-3 visa which is available to the spouse or unmarried children of an O-1 recipient. This is a dependent visa. This means the holder may only stay in the U.S. for the period allowed for the O-1 holder. However, an O-3 holder may study at a school or university while in the U.S. and can take short trips outside of the U.S.

If you need trusting and affordable green card services in San Diego, immigration lawyers can help.

4. How Long is the Visa Valid?

USCIS may grant this visa for a period up to three years. Furthermore, the visa holder may enter the U.S. 10 days before the time-clock on the visa begins, and may leave up to ten days after its expiration.

5. Is It Possible to Extend the Visa?

Extensions may be granted for up to one year so the foreigner can continue working on the same project. It is also possible to file for a new project or position prior to the expiration or the current visa. In such as case, the new visa can be granted for a maximum of three years.


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