O Visa: Foreign National with Extraordinary Ability

What is an O Visa?

An O visa is a type of nonimmigrant visa that is issued to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. The O visa is divided into two categories: O-1A and O-1B.

O-1A: This category is for individuals with extraordinary ability in the sciences, education, business, or athletics. They must demonstrate that they have achieved national or international recognition for their work, and that their expertise is needed in the United States.

O-1B: This category is for individuals with extraordinary ability in the arts, motion picture, or television industry. They must demonstrate that they have achieved national or international recognition for their work, and that their expertise is needed in the United States.

The O visa is granted on a case-by-case basis, and the application process requires the submission of extensive documentation, including a detailed petition that demonstrates the individual’s qualifications and achievements, as well as letters of support from experts in the field.

It’s important to note that the O visa is a nonimmigrant visa, which means that it’s temporary and the holder of O visa is not allowed to apply for permanent residency while on O status. They also need to apply for an extension if they wish to stay in the U.S. for longer period of time.

Who Qualifies for O Visa?

To qualify for an O visa, an individual must demonstrate that they possess extraordinary ability in their field of expertise. This can be done by providing evidence of the following:

  • O-1A: Individuals with extraordinary ability in the sciences, education, business, or athletics must demonstrate that they have achieved national or international recognition for their work, and that their expertise is needed in the United States. They must provide evidence of their extraordinary ability through awards, publications, media coverage, testimonials, or other forms of recognition.
  • O-1B: Individuals with extraordinary ability in the arts, motion picture, or television industry must demonstrate that they have achieved national or international recognition for their work, and that their expertise is needed in the United States. They must provide evidence of their extraordinary ability through awards, publications, media coverage, testimonials, or other forms of recognition.

To qualify for an O visa, an individual must provide extensive documentation, including a detailed petition that demonstrates the individual’s qualifications and achievements, as well as letters of support from experts in the field.

How to Apply for O Visa?

Here are the general steps for applying for an O visa:

  1. File a petition: An employer or agent, who must be a U.S. entity, must file a petition on behalf of the foreign national with the U.S. Citizenship and Immigration Services (USCIS) and it must be approved.
  2. Gather the required documentation: The foreign national must gather all the required documents, such as awards, publications, media coverage, testimonials, or other forms of recognition that demonstrate their extraordinary ability in the field.
  3. Complete the visa application: After the petition is approved, the foreign national must complete the visa application form (Form I-129) and pay the application fee.
  4. Attend an interview: After the application and all required documents are submitted, the foreign national may be required to attend an interview at the U.S. embassy or consulate in their home country.
  5. Wait for a decision: After the interview, the foreign national must wait for a decision on their visa application.
  6. Enter the United States: Once the visa is granted, the foreign national must enter the United States within the validity period of the visa.

What is the O Visa Interview Process?

The O visa interview process typically involves an in-person interview with a consular officer at a U.S. embassy or consulate. The purpose of the interview is to verify the information provided in the application and to determine whether the individual is eligible for the O visa.

During the interview, the consular officer may ask a series of questions to verify the individual’s identity and the information provided in the application. The officer may also ask about the individual’s qualifications and achievements, the purpose of their trip, and their plans while in the United States.

It’s important for the applicant to be able to demonstrate during the interview that they possess extraordinary ability in their field of expertise. This can be done by providing evidence of the following:

  • Awards, publications, media coverage, testimonials, or other forms of recognition that demonstrate their extraordinary ability in the field.
  • Their work, projects, or performances that showcase their extraordinary ability
  • They should also be able to explain how their presence in the United States would greatly benefit the field of expertise.

It’s also important for the applicant to be honest and accurate in their responses to the questions and to provide any additional documentation if required.

If the consular officer determines that the individual is eligible for the O visa, they will be granted a visa to enter the United States. If the officer determines that the individual is not eligible, the application will be denied, and the individual will not be allowed to enter the United States.

What are the Required Documents for O Visa?

The required documents for an O visa application can vary depending on the individual case and the U.S. embassy or consulate processing the application, but generally, the following documents are required:

  1. Form I-129: This is the petition for nonimmigrant worker, filed by the U.S. employer or agent on behalf of the foreign national.
  2. Form G-28: This form is used by the foreign national to authorize an attorney to represent them in the O visa application.
  3. Passport: A valid passport for travel to the United States, with at least 6 months of validity remaining beyond the intended stay in the United States.
  4. Biographic page of passport: A clear copy of the biographic page of the passport is required.
  5. CV or Resume: A CV or resume that highlights the applicant’s qualifications, work history, and achievements in their field of expertise.
  6. Educational and professional degrees: Copies of all educational and professional degrees earned by the applicant, such as diplomas or certificates.
  7. Awards and recognitions: Copies of any awards and recognitions that the applicant has received for their work, such as medals, trophies, or certificates.
  8. Proof of extraordinary ability: Evidence that the applicant has achieved a level of expertise indicating that they are one of the small percentage who have risen to the very top of their field of expertise, such as publications, articles, media coverage, testimonials from experts in the field, or other forms of recognition.
  9. Letter of support: A letter of support from an employer or agent, which explains the nature of the applicant’s work and why their presence in the United States is needed.
  10. Application fee payment: The applicant will need to pay the required fee to submit the application.

What is the O Visa Fee?

The fee for an O visa application is currently $460. This is the base fee for the Form I-129, Petition for Nonimmigrant Worker, which is filed by the U.S. employer or agent on behalf of the foreign national.

It’s important to note that there may be additional fees for other services, such as for expediting services, if the applicant chooses to use them. It’s also recommended to consult with an immigration lawyer to help with the process and to make sure that the applicant is aware of any additional fees that may apply.

What is the O Visa Processing Time?

The processing time for an O visa application can vary depending on the individual case and the U.S. embassy or consulate processing the application, as well as the demand. Generally, processing time can take several weeks to several months.

After the U.S. employer or agent files the petition on behalf of the foreign national with the U.S. Citizenship and Immigration Services (USCIS) and it’s approved, the foreign national must complete the visa application form, pay the application fee, gather required documents, and attend an interview at a U.S. embassy or consulate in their home country. The consular officer will conduct a security and background check, and will notify the applicant about the outcome of the interview.

O Visa Frequently Asked Questions

Here are some frequently asked questions about the O visa:

Q: Who is eligible for the O visa?
A: To be eligible for the O visa, an individual must possess extraordinary ability in the sciences, arts, education, business, or athletics, and must be able to demonstrate that they have achieved national or international recognition for their work, and that their expertise is needed in the United States.

Q: How do I apply for the O visa?
A: To apply for the O visa, an employer or agent, who must be a U.S. entity, must file a petition on behalf of the foreign national with the U.S. Citizenship and Immigration Services (USCIS) and it must be approved. After that, the foreign national must complete the visa application form, pay the application fee, gather required documents, and attend an interview at a U.S. embassy or consulate.

Q: What are the required documents for the O visa?
A: The required documents for the O visa can include Form I-129, Form G-28, passport, CV or Resume, Educational and professional degrees, Awards and recognitions, Proof of extraordinary ability, Letter of support, and the application fee payment.

Q: What is the fee for the O visa?
A: The fee for the O visa is currently $460.

Q: What is the processing time for the O visa?
A: The processing time for the O visa can vary depending on the individual case and the U.S. embassy or consulate processing the application, as well as the demand. It’s generally several weeks to several months.

Q: How long can I stay in the United States with the O visa?
A: The duration of stay for an O visa holder varies depending on the individual case. Typically, the O visa is issued for a specific period of time, which is determined by the consular officer based on the specific circumstances of the case. The individual will have to enter the United States within the validity period of the visa and apply for an extension if they wish to stay longer.