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O1 Visa- For Outstanding Talents

O1 Visa to Green Card. Everything You need to Know.

The O1 visa is for outstanding talents in science, education, business, sports, or the arts to work in related fields in the United State,s a non-immigrant visa. The O-1 visa requires the support of the U.S. employer to apply. There is no need to wait visa number available. There is no academic requirement.

How long is an O-1 visa good for?

The O-1 is valid for up to three years. In some cases, the visa is granted to cover only a specific event, production, or activity and may be valid for a shorter time. O1 visa extensions are available in 1-year increments, and there is no limit to the number of extensions.

Assistants and attendants of O1 visa holders can apply for O2 visas. Applicants for O2 visas must be an integral part of the project.
The spouse of O1/O2 visa holders and unmarried, child under the age of 21 can apply for O3 visas.

O1 Visa Card | Legal Dos

Does an O1 visa lead to a green card?

An O1 visa is a powerful option for foreigners who have extraordinary abilities. People who have O1 visa has much chance to get a green card based on EB1A.O1 visa holders can generally apply for the EB1A category of outstanding talents, apply for the immigration I-140 and apply for the green card I-485, because the immigration application of the EB1A category of outstanding talents is similar to the O1 visa. Generally, applicants who have obtained O1 visas are more likely to apply for EB-1A successfully.

Is O1 better than H1B?

There is no position for an O1 visa. Thus, foreign workers can apply for an O1 visa anytime. However, they must prove they have extraordinary abilities. H1B is a good fit for foreign workers who have bachelor’s or higher degree. Because there is a position for an H1B visa, in most cases foreign workers need to go through the H1B lottery, and only those who are selected in the lottery can apply for an H1B visa. H1B lottery is in March every year.

O-1 visas are divided into two categories, O-1A and O-1B:
O-1A: Excellent ability in science, education, business, or athletics;
O-1B: Excellent ability in the art, film, and television industries.

O1 visa application requirements:

The O1 visa is also called an outstanding talent visa, and you need to prove that you are an outstanding talent in your field. How to prove outstanding? If the applicant has won important awards in international or national competitions, if they have not won an international award, it is fine as long as they meet three of the following conditions:

The Proof Documents that can be selected are:

  1. Won national or international awards;
  2. Won relatively small international awards
  3. Have made important scientific, academic, or business contributions in the field
  4. Recognized by top experts in the field
  5. Be a member of a famous group recognized by international or national experts
  6. Once served as a reviewer for the works of other people in the field
  7. Published famous works;
  8. Your outstanding achievements have been reported by well-known media; well-known media have reported relevant reports on applicants or work results
  9. Published articles in important journals, media, or famous publications
  10. Participated in performances held by well-known organizations
  11. Compared with the salary of related industries, the salary is higher than that of peers

O1 Visa Application Documents:

  1. Form I-129
  2. I-120 Filing Fee: $460
  3. Employment contract
  4. Employer Support Letter
  5. Itinerary plan for the next three years
  6. Consultation letters in the industry and documents that can prove your outstanding ability

TIP: O-1 can apply for an expedited application, and the review result is usually given within 15 days. Expedited application form I-907, the expedited fee is $2500.

Activate in the U.S./Activate outside the U.S.

When applying for an O-1 visa, you need to select the effective method you want on the I-129 form.
Activation in the United States: After the O-1 is approved, your status will be automatically converted from your current visa status to O-1, provided that you maintain legal status in the United States when the I-129 application is submitted.
Activation outside the U.S.: O-1 will not take effect automatically after it is approved. You need to go to the U.S. consulate overseas to get an O-1 visa.

Apply for immigration I-140

O1 visa holders can generally apply for I-140 for immigration to the United States and I-485 for a green card by applying for the EB1A category of outstanding talent immigration. They do not need employer support and can apply separately.

  1. Form I-140
  2. I-140 Filing Fee: $700
  3. Documents that can prove your outstanding ability
  4. Documents to prove that you intend to continue working in this outstanding field after obtaining the green card

TIP: The I-140 immigration application of EB1A can be expedited, and the review result is usually given within 15 days. Expedited application form I-907, the expedited fee is $2500.

Apply for green card I-485

Currently, if you are in the United States, you can apply for a green card I-485; if you are abroad, you can follow the consulate visa procedure DS-260

I-485 in the United States:

To apply for I-485, I-131, and I-765 at the same time, the list of application documents:

  1. I-485 Form status adjustment application form;
  2. Form I-131 Reentry Permit;
  3. I-765 work card application form;
  4. I-140 approval or copy of receipt;
  5. The USCIS application fee is $1225.00, check or Money Order (the fee will be different for different ages, please check the USCIS for details);
  6. Copy of birth certificate;
  7. 6 photos, passport format 2 Inch*2 Inch;
  8. Copy of passport;
  9. Keep legal identification documents, such as I-94, visa page, I-797, etc.;
  10. I-693 Form immigration medical report.

TIP: Immigration medical examination report must be issued by a doctor or hospital designated by the USCIS, and sealed and submitted to the USCIS. You can go to the USCIS website to view the list of designated medical examinations. If you have already done the vaccine MMR and TD, tell the medical examiner during the physical examination.

If the spouse and unmarried child under the age of 21 and the main applicant apply for the I-485 green card at the same time and apply for the reentry permit I-131 and the work card I-765 at the same time, each additional applicant needs to submit the following documents:

  1. The attached person’s I-485 Form status adjustment application form;
  2. The USCIS application fee is $1225.00, check or Money Order (the fee will be different for different ages, please check the USCIS for details);
  3. A copy of the birth certificate of the attached person;
  4. Attached are 6 photos of the person, passport format 2 Inch*2 Inch;
  5. The kinship certificate of the attached person and the main applicant, such as marriage certificate, birth certificate, etc.;
  6. A copy of the accompanying person’s passport;
  7. Attach the person’s legal identification documents, such as I-94, visa page, I-20, I-797, etc.;
  8. I-693 Form immigration medical report attached to the person;
  9. Attached person’s I-131 reentry permit form;
  10. The I-765 work card application form is attached to the person.

Immigration visa from a consulate outside the United States:

To apply for an EB1A outstanding talent green card, after the I-140 immigration application is approved, you need to complete the 3 steps of NVC National Visa Center/DS-260, overseas consulate immigration visa, and payment of the USCIS green card production fee.

The first step: NVC National Visa Center.
You will receive a letter from the National Visa Center NVC, informing the applicant that the case has been received, and the National Visa Center’s Invoice ID Number and NVC Case Number are required as follows:

  1. Pay the immigrant visa fee of US$345.00;
  2. Submit the immigrant visa DS-260 form;
  3. Submit civil documents, including passport information pages, U.S. passport-sized photos, birth certificates, marriage certificates, divorce certificates, criminal record certificates, and military service certificates (if applicable).

First, log on to the State Council website CEAC, use the above  Invoice ID Number and NVC National Visa Center case number, online ACH to pay the immigrant visa fee of $345.00. About 1-2 weeks, after receiving the payment, you can submit to the NVC National Visa Center DS-260 form and related civil documents.

If applying for spouse and unmarried child under 21 years old as additional applicants, you need to submit the following more information:

  1. Pay a visa fee of $345.00 for the incidental person;
  2. Submit the immigrant visa DS-260 form of the accompanying person;
  3. Submit the accompanying civil documents, including passport information pages, U.S. passport-sized photos, birth certificates, marriage certificates, divorce certificates, non-criminal records certificates, and military service certificates (if applicable).

Step 2 U.S. Consulate Visa
Generally, about 1-2 months after the NVC National Visa Center approves the notice, the US consulate will receive the immigrant visa case. The local consulate will send an appointment interview letter to indicate the location and time of the interview. Generally, it will be 16 months after the interview letter is sent.

Prepare the following list of documents when preparing for the interview:

  1. Immigration medical report. Only the immigration medical report issued by the hospital or doctor is approved by the consulate.
  2. All previous application materials;
    If you pass the EB1A immigrant visa, the visa officer will make a visa and take away the passport. Usually, you can receive your passport within 2-4 weeks. Note: The immigrant visa medical report is valid within 180 days, not 180 days from the visa date. This is the time to prepare for landing in the United States and the next step for the US USCIS to pay.

Step 3 USCIS

Immigration packet will be sent 2-4 weeks after the interview, including passport with visa. The visa is valid for 6 months. After arriving in the United States, the immigration packet needs to be handed over to the border customs officer, don’t forget to go to the USCIS website to pay for the production Green card fee, the green card is usually sent out within 90 days.

For more information on O1 Visa contact Legal Dos.

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