The Complete Guide: O-1 Visa | Application, Extension, and Transfer

THE COMPLETE GUIDE:
O-1 VISA
Application, Extension,
and Transfer
Website: Call us:
www.immi-usa.com |(877) 811-

WHAT IS AN O-1 VISA?
A pass to get into the United
States for individuals with
extraordinary ability, acclaim or
achievement.
Website: Call us:
www.immi-usa.com |(877) 811-3541

O-1 VISA QUALIFICATIONS
Qualifying individuals can have achieved
recognition in the following fields:
• Science
• Art
• Education
• Athletics
• Business
Website: Call us:

WHAT IS AN
“EXTRAORDINARY
ABILITY”?
Website: Call us:

Although the term
extraordinary is generally
subjective, in this case, it
comes with some distinct
definitions.
Website: Call us:

WHAT IS AN “EXTRAORDINARY ABILITY”?
In science,
business, athletics
and education
• It means that you have
achieved a level of
verifiable expertise that
has put you above other
people in your field.
Website: Call us:

In the arts
• It refers to notoriety or
distinction. This means that you
have achieved a level of skill
that has earned you recognition
in the arts community
Website: Call us:

In movies
or television
• It means that you have achieved
recognition or notoriety in your
field and your past work has
been extraordinary to the point
that you have been recognized
by the industry.
Website: Call us:

APPLYING FOR AN
O-1 VISA
Website: Call us:

File Form I-129, Petition for
Nonimmigrant Worker, and mail to the
United States Citizen and Immigration
Services.
• File no earlier than a year before it is
needed
• File no later than 45 days before entry
into the U.S.
• Fulfill all application requirements
before submitting
Website: Call us:

CONSULTATION REQUIREMENT
Form I-129 must be submitted
with a consultation opinion.
• It must include:
• Evidence from a reliable source
that the alien has extraordinary
abilities.
• Details of the proposed work that
the O-1 Visa holder will be doing.
Website: Call us:

CONSULTATION REQUIREMENT
The consultant must be a peer group
or someone who has expertise in the
relevant field.
HOWEVER,
If there is no relevant peer group
available, you can use a person with
specific expertise in the alien’s area of
notoriety.
Website: Call us:

CONSULTATION EXCEPTIONS
 You may be exempted from the consultation
requirement if:
1. You are in the field of the arts and have
already visited the United States once on
an O-1 Visa
2. If it’s been fewer than two years since your
last consultation
3. If there is no peer group and you’re able to
provide evidence of expertise
Website: Call us:

O-1 VISA PETITIONER
What’s a Petitioner?
 An employer or colleague looking to bring an
extraordinary alien into the U.S. for a job or
performance.
What is Required?
 A beneficiary contract between the petitioner
and the visiting alien.
Website: Call us:

BENEFICIARY CONTRACT
 Proof of the employment agreement
between the petitioner and the visiting alien
in the form of:
 A written contract; or
 A written summary of an oral agreement
 Include supporting documents such as
emails or text messages
Website: Call us:

VALIDITY PERIOD
Your stay in the United States lasts as
long as the time your event requires
you to be there
You’re given 10 days before the
validity period begins and 10 days
after it ends to be in the U.S.
The initial period of stay can be no
longer than three years
Website: Call us:

EXTENSION OF
AN
O-1 VISA
Website: Call us:

O-1 VISA EXTENSION
 There is no limit to the number of times you
are able to extend your stay.
 To file for an extension you’ll need:
Form I-129,
Petition for
Nonimmigrant
Worker.
A copy of the Form
I-94, Arrival and
Departure Record
A statement from
the employer that
details why the
period of stay
needs to be
extended.
Website: Call us:

DEPENDENTS EXTENSION OF STAY
If the beneficiary has a spouse or
children with them, they must also file
a Form I-539, Application
to Extend/Change Nonimmigrant
Status.
Website: Call us:

TRANSFER YOUR
O-1 VISA
EMPLOYER
Website: Call us:

If you want to change employers:
The new employer must file a Form I-
129, Petition for Nonimmigrant Worker.
AND
The employee must file a Form I-129,
if there are any major changes in the
nature of your work or in your work
environment.
Website: Call us:

TERMINATION ON AN O-1
Your employer must provide funds to
return you to your last place of
residence before entering the U.S.
If the petition was filed by an agent,
the agent shares responsibility with the
employer to cover transportation
funds.
Website: Call us:

Visit our website or call us today to explore your
options
SGM Law Group
ABOUT SGM LAW GROUP

 The information provided in this presentation is of a
general nature and may not apply to any particular
set of facts or under all circumstances. It should not
be construed as legal advice and does not
constitute an engagement of the SGM Law Group
or establish an attorney-client relationship.
DISCLAIMER

The Complete Guide: O-1 Visa | Application, Extension, and Transfer

Recommended

Recommended

More Related Content

Similar to The Complete Guide: O-1 Visa | Application, Extension, and Transfer

Similar to The Complete Guide: O-1 Visa | Application, Extension, and Transfer (20)

Recently uploaded

Recently uploaded (20)

The Complete Guide: O-1 Visa | Application, Extension, and Transfer