O-1 is a nonimmigrant visa for the individuals who have extraordinary abilities in different spheres such as sciences, arts, education, business, athletics or television industry and motion picture.
O-1 visa has several advantages over H-1B visa which is the standard non-immigrant visa which is used by employer to sponsor skilled foreign workers.
- There are not so many restrictions in the O-1 visa. The main advantage according to this criterion is the absence of the yearly quota. J-1 Visa remains available for everyone who satisfies the criteria.
- There is no limit to how long the employees can stay and work under the O-1. The O-1 visa is granted for 3 years but it can be extended.
- There is an opportunity to bypass the two year foreign residency requirement. But this workaround is temporary and the residency status must be met eventually.
- O-1 gives the possibility to its holder to work for numerous organizations during the all period of their O-1 visa duration.
O-1A visa is set aside for foreign employees who demonstrate extraordinary talent in the arts, sciences, business or athletics.
There are several criteria how to prove that you are eligible candidate for O-1A. The applicant must have at least three of the following:
- Receipt of an internationally-recognized award or prizes for excellent in the chosen field
- Documentations that prove the membership of the individual in associations where the outstanding achievements of their members is required. The results of work are judged by national and international experts in their fields.
- National or international recognition which is showed by the critical reviews or other published materials related to the individual’s field of work. The documentations must include the title, date and author and any necessary translation.
- Documentation which proves the individual’s participation in judging of the work of others in the same field of specialization.
- Scientific, scholarly or business-related contributions of major significance which are proved by evidence.
- Authorship in articles connected with the specialization in professional journals or other media.
- Evidence that individual has been working in essential capacity for organizations with distinguished reputation.