O 1 Visa Requirements & Step by Step Guide

Everything about: O1 visa | O2 visa | Talent Visa | Artist visa | Extra ordinary Visa & Immigration Process

This article talks about O 1 visa usa, also called extraordinary ability visa, artist visa usa, entertainment visa usa, talent visa usa. Everything you need to know in one piece! What is 01 visa, O1 visa requirements, pros and cons, O1 Visa Processing Time and fees. 

Why O Visa? 

O1 visa allows you, your family and your team to legally live and work in the United States.

Today you got lucky and you know why? Because we are the #1 O1 Visa Lawyer Offices in the US! We have never received an O visa denial in the history of our law firm! Thousands of our clients are now legally residing and working in the United States. They are getting into the charts, walking on the red carpet, selling their bestsellers books and much more! And we will be happy to help you with your first steps to the dream!

We made it easy for you! In this article you will find everything you need to know about O visa! Here is your step by step guide about how to get an artist visa usa and move to the US! Stick with us to see if you qualify and can start pursuing your artist career in the United States today! 

What is O 1 visa?

O1 visa (also called extraordinary ability visa, artist visa usa, entertainment visa usa, talent visa usa) is a non-resident visa for people with extraordinary abilities. What is considered extraordinary ability? It means that you have achieved distinction and/or gained national or international recognition within a certain field.

For example, arts, television, sports, business, education, science and etc.

O1 visa is issued for a period of three years. It can be extended for one more year upon expiration. As of 2019, there is no limit on extensions. This means that you can apply for extension as many times as you need.

In order to get an approval for extension o1 visa holder has to demonstrate that he or she is still working within the same field for which the original visa was granted. 

1. You are a member of an organization whose membership requires outstanding achievement. 

2. Your work has been featured in mainstream media or in professional publications. The publications should have distinguished reputation.

3. You have received a significant recognition for achievements in your field. You can provide references from critics, organizations, government agencies, or other recognized experts.

4. You have made a significant original contribution in science or business.

5. You have served as a judge of others in your field or a related field.

6. You have performed in a leading or critical role for well-known organizations and establishments. You can provide a record of your participation in newspapers, trade journals and other publications. 

7. You can provide a record of major commercial or critically acclaimed success of your product. For example, rating, sales statistics, publications in journals and newspapers. 

8. You command a high salary for your professional services compared to others in your field.

* You can provide any other relevant evidence of extraordinary abilities and exceptional expertise in your field that are not covered by any of the above listed criteria.

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What’s interesting about the criteria is that they work as a checklist. Once you meet three out of eight, the case officer will most likely stop reviewing your application. It’s important to remember though that you receive no credit for partially fulfilled criteria. So make sure to provide comprehensive evidence to meet at least three criteria out of eight and get your artist visa usa approved. 

What is the O1 Visa Processing Time?

Getting 01 Visa is a relatively quick process. Besides the o1 visa processing time is manageable and can be expedited by your lawyer if needed. First of all, your employer or sponsor would need to submit an I-129 form with USCIS on your behalf. Make sure to consult with a lawyer to include all necessary documentation and increase your chances of getting an approval. 

On average, the I-129 form takes up to 6 months to process. It depends on several factors. Firstly, what service center is processing your application. And secondly, if you are currently in the United States or abroad. 

Let’s say you are abroad at the moment of submitting a petition. In this case you would have to go through a consular processing. This means that you would schedule an appointment with the U.S. embassy in your country and have an interview with an officer. 

If you are in the US on a different visa, then the status of your visa will automatically change as soon as your O1 visa petition is approved. 

What is an O2 visa

O2 Visa is a non immigrant visa for people accompanying O1 visa holders. It covers supporting staff in athletics, entertainment, TV production and motion picture. For example film or music producers. O2 visa however does not apply to support personnel in science, business or education. It allows to enter the U.S. and engage in official activities related to O1 visa holder agenda. 

O2 Visa Requirements

Here is what you need to demonstrate in order to qualify for an O2 visa. 

• First of all, provide prove that you are an integral part of an O1 visa holder’s project. It means that you are the only person who can efficiently complete the work. Because you have critical skills of unique nature and experience that other individuals cannot showcase. 
• You need to play an essential role in the production or event taking place. 
• You also need to be able to demonstrate a long working history with 01 visa holders. Signed contracts and media coverage mentioning your role would be a good example of such prove. 
• Demonstrate that you work in the United States is temporary. Keep in mind that O2 visa applicants are tied to an O1 visa principals. That is why you are not allowed to engage in any activities other than included on O1 visa holder’s agenda.
• Prove the you maintain a permanent residence in a different country that you do not intend to abandon.

How to apply for an O2 visa?

Great thing is that the O2 visa process is very similar to the visa 01 process. You need to have a U.S employer or representative who must file an I-129 petition on your behalf. Along with all supporting documents indicating that you are an integral part of the O1 visa holder’s project. Keep in mind that your employer has to file your I-129 petition at the same time as the O1 holder’s. For best results we recommend letting a professional o1 visa lawyer guide you through this process. In order for your O2 visa application to be successful, you need to provide supporting evidence. 

Supporting evidence can include the following:

1. Signed agreement indicating the terms and conditions of the collaboration between the O1 visa holder and the O2 visa applicant 

2. Statement detailing the specifics of the event taking place in the United States and your role in it

3. Recommendation letter from a distinguished peer group or labor organization in your field

O 1 visa to green card

How to get an artist green card or extraordinary ability green card

O1 visa is a non-immigrant visa. It means that you can only stay in the country temporarily. O1 visa doesn’t directly lead to permanent residence and doesn’t grant an artist green card. If you want to go from o 1 visa to green card, you should convert from non-immigrant visa to an immigrant visa. 

There are many types of immigrant visas. It can be based on making an investment in a US company, through a marriage to a US citizen, having a contract or a job offer from a US company. But the most common way of going from o1 visa to green card is applying for EB-1, EB-2 and EB-3. During their stay in the US under O1 visa individuals may advance in their career; they can reach a level in his or her field that will make them eligible for EB-1 (extraordinary ability green card) visa classification. 

Converting from o1 visa to green card is typically a two step process. First step would be getting an immigrant petition approved through USCIS. To do this you or your employer would need to file a Form I-140. The purpose of Form I-140 is to demonstrate an extraordinary ability in the field through sustained national or international acclaim. As soon as your petition is approved you can proceed with a second step.

At this point you would have two options: do an adjustment of status or apply for an immigrant visa.

O 1 visa to green card:

Apply for an immigrant visa

Applying for an immigrant visa would be an alternative to adjustment of status. Visa processing is also called a consular processing because it involves applying for an immigrant visa at a US embassy or consulate abroad. As soon as your immigrant petition is approved you can file a Form DS-260 with the Department of State. You would then be able to schedule an interview at a consulate or embassy in your home country. Upon successful interview, you will receive an immigrant visa.

O1B visa in film and television industry

It’s not a secret that Hollywood is a Mecca of Movies. It attracts not only viewers but also professionals from the entertainment field who are looking for career opportunities. Every actor around the world is dreaming about taking their ambitions to the United States. 

Like everybody else actors and professionals working in motion picture or television field need to obtain a visa to legally work in the United States. The best option for them is O1 visa. 

O1B visa is specifically designed for individuals with extraordinary ability in cinema and television. Which offers a variety of relative criteria and makes it easier to qualify for than other visas. 

Who qualifies for O1 visa in film and television industry? 

Most visas in film and television industries are falling into O1B visa category. O1B category also called an artist of extraordinary ability, an artist visa us or a talent visa usa. O1b visa criteria do no not differ much from general criteria. In order to be granted an O1B visa individuals must demonstrate a record or extraordinary achievement in their professional field. A record of extraordinary achievement can be an award, press, reviews, a letter from experts in the field. For example an advisory letter from the Association of Motion Picture and Television Producers of America (AMPTP), the Directors Guild of America (DGA), the Producers Guild of America (PGA), and others. 

O1B visa covers a variety of situations. An actor who is invited to play an episodic role, a director who has been awarded a two-year contract with Netflix, a reality TV producer who is signing up for several simultaneous projects may all qualify for o1b visa. 

When a large production team is travelling to the US to work on a single project, the company will most likely select one artist as an O1 and petition for the rest of the group as the essential support personnel for the O1 beneficiary. O1 applicant would be most accomplished member of the production team. Typically a lead actor, director or producer. 

The best evidence for o1b visa would be a receipt or nomination for a major international award, such as Oscar, Emmy, Golden Globe, or BAFTA etc. When applying as a group O2 visa applicants should provide evidence of their previous work with o1 visa applicant. It is also very important to show their essentiality to the specific project. 

O1 Visa for musicians and artists

United States is the world’s largest and most dynamic entertainment market. Hundreds of festivals take place in the US every year attracting a great number of musicians and musical artists from all over the world. 

In order to legally perform and take part in musical projects in the US musicians and their team members should apply for O1b visa. O1b visa (also called an artist visa us or a talent visa usa) is for people with extraordinary ability in music industries and arts.

Who qualifies for O1B visa in music industry and arts

In order to qualify for O1b visa individuals must demonstrate extraordinary achievements in the arts, as well as sustained national or international acclaim. A nomination for a significant national or international award or prize such as an Academy Award, Emmy, or Grammy would be a great evidence of extraordinary achievements. But musicians and their team can also qualify for 01b visa by providing a number of evidence instead. Such as publications in major media, reviews by recognized experts in the field, a record of performing as a lead, starring or critical role organizations and establishments, a record of major commercial or critically acclaimed successes, high salary compared to other in the field etc. 

As you already know, one of the criteria of qualifying for O1 visa is to have a US based sponsor or agent. This is a person who can file a petition on behalf of the musician and the crew. Typically this can be US managers, agents, record labels, event producers and even venues where the musicians are coming to perform. Besides, O1b visa applicants would need to present an agreement with a US agent. This agreement must generally describe the upcoming project or event and summarize the terms and conditions. The purpose of the agreement is also to prove that a musician is coming to the United States to work temporarily on a specific project or perform at the event. 

Applying as a group? Find out the best way! 

Very often musicians apply for o1b visa as a team. In this case an agent or a sponsor would file a lead member of the group under O1B visa and supporting members of the group under O2 visa. For example producer, sound engineer or even make up artist can qualify for o2 visa. O2 visa applicants would need to provide evidence of critical skills and essential support to the group and to the specific project. They will also need to prove their exceptional experience and demonstrate a record of work with visa 01 beneficiary.

O1 Visa for businessmen & entrepreneurs 

While o1 visa is often referred to as artist visa us or talent visa usa, your  extraordinary ability should not necessary be in arts. Many businessmen and entrepreneurs have gained substantial success in their professional field and can qualify for o1 visa. O1 visa is a great option to bring their talents to markets in the US. as well as participate in events. 

Who qualifies for O1 Visa for businessmen & entrepreneurs

There are eight main criteria an individual needs to satisfy when applying for O1 visa. They are generic and can apply across many fields of employment. That is why you should be creative when preparing a petition and adjust the requirements to fit your specific industry.

Prize Or Award

In case of business and entrepreneurship, a funding of your project from outside investors can serve as an evidence of a prize or an award. USCIS has actually acknowledged that investments from accredited angel investors as well as venture capital funding can count as an award in the field of entrepreneurship. Make sure to back this up with supporting evidence. Such as the reputation of the investor, a record of previous companies or projects that have received funding, criteria the investors have used to evaluate the companies or project. 

Membership of Association

One other thing that businessmen and entrepreneurs can do before applying for O1 visa is to join a professional association. You may not be actually interested in participating in the activities of the association. But being a member of one will certainly increase your chances of receiving an O1 visa. You can also reach out to coordinators of competitions for start-ups in your field and ask to serve as a judge. 

Original Contribution

Depending on the nature of business, the work itself can qualify as original contribution of significance in the field. The evidence for this criteria would be a letter of support from a peer group in the field of extraordinary ability. If there is no union or peer group in your professional field, you can also provide a letter from a recognized expert in the group. Besides, if you have a patent that proves an exceptional nature of your work or product make sure to keep all the records. They might be extremely beneficial for o1 visa process. 

Because O1 visa does not allow to self petition you would need to find a US agent or a US sponsor. Sometimes a sponsorship by the company the entrepreneur has founded is likely the sensible route. We recommend to consult with a lawyer before filing a petition. He will advise on the best way to proceed and increase your chances of getting O1 visa. 

O1 Visa for scientists

Scientists and researchers from all over the globe are potentially eligible for O-1 visa. O-1 visa is a great option when they are recruited to the US company or invited to be a part of a project or team at the american University. Like professionals in other fields, they need to meet 3 out of 8 criteria to be able to receive O-1 visa. However, most of the times, scientists and researchers can only 3 to 4 criteria when submitting a petition. Let’s look at a few examples. 

Most common criteria for o1 visa all scientitsts can easily satisfy

Authorship

The most common criteria is Authorship. The proof of Authorship can be authored books, chapters in books or scholarly articles in the Professional Journals. These articles may also be part of their PhD or Masters program. While there is no exact number of articles needed to satisfy this criteria, our lawyers typically submit between one to six articles. 

Memebership of Organizations

Scientists and Researchers can also easily satisfy the Organizations criteria. If you are a scientist you would need to prove that you have worked as an important member of the successful company. Secretary and assistants are considered important members of a company. 

Perform as Judge

Another criteria that Scientists usually apply under are Judge and Associations. Scientists can present a record of acting as a judge through a competition or by reviewing the work of colleagues in the related field. Some scientists volunteer to become a reviewer for a Professional Journal in order to meet this criteria. Scientists can prove their extraordinary ability by being a member of a professional organization or association. It’s important that this organization or association should only allow members based on their expertise and achievements in the field. 

If you already have an O1 visa check with our lawyer if you qualify to upgrade your O 1 visa to green card!