The O-1 visa is designed for individuals with extraordinary ability in business, the sciences, the arts, education, or athletics.
While the eligibility criteria for the O-1 has been covered in previous posts, this article will explore the key advantages that make it a desirable option for accomplished professionals who want to learn more about a potential alternative to more common visa types like the H-1B visa.
Despite the fact that many qualified candidates often have advanced degrees, the O-1 visa does not have a strict minimum education requirement. Similarly, while the O-1 regulations do not impose a minimum salary, candidates can use a variety of factors, including equity, bonuses, or other remuneration, to meet the “high remuneration” criterion. These flexibilities make the O-1 a potentially ideal option for startup founders, for example, who may not choose to pay themselves high base salaries initially, but can otherwise show the value of the equity they hold in their company to help meet the minimum O-1 eligibility criteria.
Unlike the H-1B, which has a lottery system due to high demand and a limited number of new visas that can be issued each year, the O-1 has no such restrictions. In this sense, the O-1 process is less competitive, making it a more accessible option for those who qualify.
Some visa categories, such as the H-1B and L-1, impose time limits on how long holders can stay in the U.S. However, those who qualify for the O-1 can request initial work authorization for up to three years and request extensions in 1-year increments with the same employer with no maximum duration. This can allow O-1 visa holders more flexibility to remain in the U.S. for a longer term without the time pressure that other visa holders often face.
O-1 visa holders may work for multiple employers simultaneously, either through separate petitions filed by each employer or through a single petition filed by an authorized agent representing multiple employers. While a detailed itinerary of work engagements, dates, and locations for each employer must be provided, along with relevant contracts, in both scenarios, this can give O-1 visa holders more flexibility to pursue diverse opportunities within their field of expertise without having to be tied to a single employer.
Individuals holding an O-1 visa are permitted to have "dual intent," meaning they can actively pursue permanent residency (the “green card”) while maintaining their O-1 status. This is a major benefit compared with certain “single intent” visa categories, like the F-1 student visa or TN temporary work visa for Canadian and Mexican nationals, where starting the green card process while on these visas can cause complications and even risk your nonimmigrant status.
While the evidentiary standard for the O-1 visa is high, there is a relatively wide range of possible criteria candidates can satisfy to demonstrate their "extraordinary ability." As we covered in a previous blog, O-1A applicants, for example, can provide evidence across eight possible criteria to showcase their various achievements in their field of expertise including (but not limited to) national or international awards, publications in major media or prominent academic journals, and high salary or remuneration. While each claim of extraordinary ability must be backed by substantial, credible evidence, certain criteria such as “original contributions of major significance,” can allow candidates more creative freedom to demonstrate how their achievements are original or unique in nature and have made a substantial impact in their industry.
The lack of annual caps, unlimited extensions, dual intent for permanent residency, and the absence of strict education or salary rules can make the O-1 visa a uniquely flexible and advantageous choice for those who qualify!
If you believe you may meet the criteria for demonstrating extraordinary ability, we encourage you to explore the O-1 visa option further. Contact our team at Alma for an initial consultation and assistance in navigating the process!
Written by Alma immigration lawyers
Immigration made easy!