Why apply for the O-1B Visa?
For many artists, musicians, actors, and filmmakers, the O-1B visa is a reliable choice for remaining and working in the U.S. At a time when the H-1B work visa policies are unpredictable and the lottery odds are tough, we at ERL can help you obtain the O-1B visa, enabling you to pursue your creative endeavors in the U.S.
What do you need to apply for an O-1B?
Planned work or employment, supporting evidence, paperwork, and various fees
Sponsor
Here’s a bit of bad news: you may not apply for the O-1B all by yourself. You will need a sponsor. This sponsor can be an employer or an agent. If you already have an employer and a job offer, or multiple employers and multiple job offers, great! If not, we at ERL can help you draw up alternative plans with an agent to fulfill this requirement.
Form I-129
Yes, paperwork! Because technically it is the employer or agent filing the O-1B petition on your behalf, Form I-129 is the main form for your application. We at ERL can make sure the I-129 and other related forms are filled out, mistake free.
Various Fees
The O-1B application can be a bit pricey, with various mandatory USCIS fees, third-party expenses, and optional premium processing. We at ERL can help you understand the cost of the O-1B application and clarify your options.
Documentation
By law, you must satisfy at least three out of a set of six criteria for the O-1B visa. For each criterion, you will need to present documentary evidence. However, satisfying those criteria does not guarantee approval of the O-1B visa. You must demonstrate that on the whole your profile is extraordinary. We at ERL can help you prepare detailed documentation and present the strongest legal argument on your behalf.
Recommendation Letters
Recommendation letters are an important part of your O-1B application. We at ERL can help you choose recommenders and advise on the appropriate language for the strongest recommendations.
Consultation Letter
A consultation letter is often needed for an O-1B application from a peer group or union that certifies you meet the standards of extraordinary ability in your field. We at ERL can help you locate the appropriate peer group or union and obtain the consultation letter.
O-1B Criteria
– Unless you have received, or been nominated for, a significant national or international award in your field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award), which in itself is sufficient to satisfy the O-1B evidentiary requirement, you must satisfy at least 3 of the following 6 criteria (the more the better) to demonstrate your “extraordinary ability.”
– For more details about each criteria, please consult USCIS’s official webpage here.
– To learn how well your accomplishments fit into these criteria, please feel free to book a free consultation by using the form at the bottom of this page.
1. Evidence that you have performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements.
2. Evidence that you have achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other publication.
3. Evidence that you have performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials.
4. Evidence that you have a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.
5. Evidence that you have received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in your field. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of your achievements.
6. Evidence that you have either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in your field, as evidenced by contracts or other reliable evidence.
Cost
USCIS Fees
1. Form I-129 filing fee for O-1: $1,055 or $530 (for Nonprofit or Small Employer)
More information : https://www.uscis.gov/g-1055?form=i-129
2. Asylum Program Fee: $600, $300 (for Small Employer) or $0 (for Nonprofit)
3. (Optional) Premium Processing fee: $2,965 — guarantees a response within 15 business days.
More information: https://www.uscis.gov/g-1055?form=i-907
4. (Optional) O-3 dependents (filing within the U.S.): $470 (Form I-539)
5. (Optional) If applying outside the U.S., upon approval of the O-1 application, consular service fees apply (such fees vary by consulate and/or country).
Third-Party Fees
1. Consultation Letter fee
The peer group or union issuing your Consultation Letter usually charges a fee. The fees vary, but it is usually in the hundreds of dollars.
2. Courier fee
The O-1 visa does not yet accept electronic filing, which means that the hundreds of pages in your O-1 application will have to be printed and mailed. The mailing fee varies by courier service.
Legal Fees
Although some people say immigration lawyers are not necessary for an O-1 application, getting help from an immigration lawyer may greatly increase your chances of getting an approval.
Legal fees cover various steps and components of the O-1 application process, including:
1. Consultation;
2. Application;
3. RFE response;
4. NOID response;
5. Refile;
6. Change of employers; and
7. Extension.
We at ERL offer:
1. Free consultation.
2. Package ranging from $5,000 to $8,000, depending on the complexity of your O-1 case, covering the initial O-1 application, RFE response (if applicable), NOID response (if applicable), and one free refile (if applicable).
3. Change of employers: $1,000 for clients who filed O-1 with us at ERL; $2,000 for other clients.
4. O-1 extension: $1,000 for clients who filed O-1 with us at ERL; $2,000 for other clients.
Frequently Asked Questions
Most of the FAQs apply to both the O-1A and the O-1B. If you have more questions or find the answers overwhelming, please feel free to reach out for a free consultation by using the form at the bottom of this page.
What is the duration of the O-1 visa?
The O-1 visa, upon initial approval, is good for up to three years. Once the initial O-1 visa expires, you may extend it in one-year increments each year.
How long is the wait for the O-1 visa?
The wait time (without premium processing) is around 12 months.
The most up-to-date processing time can be checked at this web address: https://egov.uscis.gov/processing-times/ (For O-1, select “I-129: Petition for a Nonimmigrant Worker” under “Form” and “O – Extraordinary ability” under “Form Category.”)
May I apply for the O-1 visa from outside the U.S.?
Yes. Even if you are currently residing outside the U.S., you may apply for an O-1 visa.
May I apply for the O-1 in the U.S. while on F-1 or F-1 OPT or CPT?
Yes. International students on F-1 and F-1 OPT or CPT status may apply for the O-1 while in the U.S. In fact, the O-1 might be one of the better options to explore for those with expiring F-1 status.
May I apply for the O-1 in the U.S. while on J-1 status?
Many J-1 visa holders are subject to the Two-Year Home Residency Requirement. This Requirement adds to the challenge of changing directly from J-1 to O-1.
However, it is possible to waive the Two-Year Home Residency Requirement, but the waiver must be approved by your home country (usually through your home country’s embassy or consulate in the U.S.) before you change from J-1 to O-1 status. Waiver procedures differ from country to country.
Alternatively, you must leave the U.S. between the end of J-1 and the start of O-1, and you must obtain an O-1 visa stamp from outside the U.S. However, leaving the U.S. this way does not extinguish the Two-Year Home Residency Requirement. This Requirement will kick in after the O-1 ends, but you may still waive the Requirement while on O-1 status.
Do I need a visa stamp for the O-1?
If you change your status from one non-immigrant status (such as the F-1) to O-1 without leaving the U.S., you do not need a visa stamp to begin or remain on your O-1 status.
If (1) you apply for the O-1 from outside the U.S. or (2) you leave the U.S. while on O-1 status but without a valid O-1 visa stamp, then you need to obtain an O-1 visa stamp at a U.S. embassy or U.S. consulate.
The validity period and number of entries are subject to reciprocity and differ from country to country. For example, citizens of India on O-1 status may obtain multiple-entry O-1 visas for up to 5 years, which offers flexibility for traveling outside the U.S. while on the O-1 status.
In comparison, citizens of the People’s Republic of China may only obtain single-entry O-1 visas for up to 3 months, which means that they must enter the U.S. within 3 months of obtaining an O-1 visa stamp and that they must re-apply for an O-1 visa stamp every time they leave the U.S. while on O-1 status.
What happens after an O-1 visa application is submitted?
1. Approval: Congratulations! Once your O-1 visa is approved, you may immediately begin your employment with the employer(s) that sponsored your O-1 visa.
2. Request for Evidence (RFE): Don’t panic! RFE often happens when the initial submission of evidence is deemed somewhat insufficient by USCIS. RFEs require some extra time and effort, but they typically signal USCIS’s willingness to eventually approve the application.
3. Notice of Intent to Deny (NOID): If there is any logistical mistake or the evidence is lacking, USCIS may issue a NOID detailing the deficiencies in your O-1 application. Most applications end up getting denied after a NOID, but it is still possible for you to cure the deficiencies and get an approval after a NOID.
May I change my employer before an O-1 visa is approved?
If your new employer is not on the O-1 visa application, then you may not switch to the new employer before the O-1 visa is approved. If you intend to work for the new employer, either (1) you must file a new O-1 visa with the new employer as the sponsor or (2) if you have multiple employers, you must add the new employer to the existing/pending O-1 application by filing an amended application.
May I change my employer after an O-1 visa is approved?
Yes, but you must file a new O-1 application with the new employer as the sponsor, along with your new employment offer and other related paperwork.
May I add an employer after an O-1 visa is approved?
Yes. You may add employers during the course of your O-1 visa, but before you can begin working for additional employers, each additional employer must file an O-1 application (or you can have an agent consolidating all the employment offers into one new O-1 application), along with your additional employment offer and other related paperwork.
What’s next after an O-1 visa?
Many O-1 visa holders eventually apply for a green card through the EB-1 “extraordinary ability” category. The O-1 visa is an effective tool for extraordinary ability individuals to further improve their resumes in preparation for an EB-1 green card application.
What is the difference between O-1 and EB-1?
Both O-1 and EB-1 are known as “extraordinary ability” visas, but the O-1 is non-immigrant (no green card) while the EB-1, upon approval, directly leads to permanent residency (green card). The criteria for O-1 and EB-1 seem similar, but in both theory and practice, the EB-1 requires a higher standard than the O-1. Therefore, the EB-1 is more difficult to obtain than the O-1. Yet the O-1 can often be a stepping stone for the EB-1.
What is the difference between O-1A and O-1B?
The O-1A visa is for people in most fields, including the sciences, education, business, and athletics. The O-1B visa is only for people working in the arts (artists, musicians, etc.) or film and TV (actors, directors, producers, etc.).
The O-1A and O-1B have different criteria, but most other elements are the same.
Can I bring dependents under an O-1 visa?
Yes. An O-1 applicant may bring their legally married spouse and unmarried children under the age of 21 as dependents. O-1 dependents are on the O-3 visa. O-3 dependents may live in the U.S. and enroll in school full-time or part-time, but they may not conduct any work activity because O-3 is ineligible for work authorization. The lack of work authorization for dependents is a downside of the O-3 status. For unmarried children under the age of 21, O-3 status expires once they turn 21 years of age, so they must change to other status such as F-1 (student) or B1/B2 (tourist/temporary visitor) to remain in the U.S.
