O1 Talent Visas

There are several types of O1 visa:

O1A - For people with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

O1B Visa - For people with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

O2 - For people who will assist O1 visa candidates with a specific event or performance.

O3 - For the spouse and children up to 21 years of age of the O-1 candidates

Less commonly known, the O1 visa is also suitable for entrepreneurs and business owners, providing availability to establish a U.S. company, unlike other types of nonimmigrant (temporary) work visas.

The O1 visa is generally valid for three years, after which an extension can be filed on a yearly basis. If the O1 beneficiary wishes to change employers, the new employer must file an O1 petition on his or her behalf. The new employer may request a period of O1 status of up to three years (rather than just the one-year for extensions). O1 employers must demonstrate they have enough work to warrant the amount of time they are requesting. Primarily O1 beneficiaries whose work is in the performing arts, need to provide an itinerary of assignments for the period of O1 status they are requesting.

The O1 Visa is a non-immigrant visa for people who are able to demonstrate an extraordinary ability in science, the arts, education, business, athletics, or film & television.

O1A Visa Is for people with extraordinary ability in education, business, science or the arts.

O1B Visa is for individuals who can demonstrate that they have been recognized nationally or internationally in film or television.

O1 visa holders are also able to apply for integral team members to join them in the United States for a specific event or performance. This person is granted an O2 visa.

O1 visa holders are permitted to bring their spouses to the United States on an O3 visa.

While the O-1 is a well-known route for the arts and sciences, it is less well known as a path for entrepreneurs and business owners. In addition to successfully assisting artists and scientists, Davies & Associates has helped entrepreneurs and businessmen move to the United States on an O1 visa.

We work with our clients to prepare the strongest and most credible case. This includes determining the best documentation to support the assertion that our client is of extraordinary talent. Such documentation includes prizes, publications, membership associations, patents, media coverage, employment history, etc.

Businessmen and entrepreneurs have multiple different options for moving to the United States. Davies & Associates specializes in helping entrepreneurs understand the merits of the different options and works to find the best solution to suit each client’s circumstances.

Besides the O1 visa, other options for entrepreneurs include:

• The L1 Visa: Expand your business to the United States and move there to run that business
• The E2 Visa: Purchase or set-up a business in the United States
• The EB5 Visa: Invest in a green card for the freedom to conduct business in the United States

There are several types of O1 visa:

O1A - For people with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

O1B Visa - For people with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

O2 - For people who will assist O1 visa candidates with a specific event or performance.

O3 - For the spouse and children up to 21 years of age of the O-1 candidates

Less commonly known, the O1 visa is also suitable for entrepreneurs and business owners, providing availability to establish a U.S. company, unlike other types of nonimmigrant (temporary) work visas.

The O1 visa has several advantages, including the fact that there is no wage requirement for applying to the O1 visa, unlike the H1B visa (although the wage must be appropriate for a candidate of such a high caliber). Similarly, unlike the H1B visa, there exists no “visa lottery” for the O1 visa, even for private companies. Moreover, while the average processing time for the visa is generally two to three months, premium processing is always available. Premium processing is available to O-1 candidates for a USCIS filing fee of $2500. This means USCIS will adjudicate the petition within 15 days of the day they “receipt” the case in. This is in the form of approval, RFE (Request for Evidence) or (rarely) denial. If USCIS issues an RFE, they have another 15 days from the time we respond to it to render a final decision.

The O1 visa is generally valid for three years, after which an extension can be filed on a yearly basis. If the O-1 beneficiary wishes to change employers, the new employer must file an O-1 petition on his or her behalf. The new employer may request a period of O-1 status of up to three years (rather than just the one-year for extensions). O-1 employers must demonstrate they have enough work to warrant the amount of time they are requesting. Primarily O-1 beneficiaries whose work is in the performing arts, need to provide an itinerary of assignments for the period of O-1 status they are requesting.