Employment Visas Sub O-1

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About O-1 Visa

O-1 Visa provides opportunities for individuals with outstanding abilities or achievements in science, art (including film and television industry), education, business or sports to engage in in the relevant fields in the United States. Similar to H-1b, O1 is a non-immigrant visa, and requires the support of employers (or agents, etc.) to submit I-129 Form for the beneficiaries. At the same time, the employment contract between beneficiaries and employers (or agents) should be submitted as the supporting materials.

 

But unlike H-1b, O-1 applications do not require the drawing by lot. The applications can be submitted as long as the requirements are met. The total period of O-1 validity is three years. Generally, the Immigration Office issues visas based on the duration of the beneficiaries’ work, projects, competitions and activities in the United States. If the relevant work is not completed after the expiration of the visa, the beneficiaries can continue to apply for visa extension, but the maximum period cannot exceed three years. During the O1 validity period, the beneficiaries can change their employers and their jobs, and new employers should submit a new I-129 Form for application.

Unlike H-1b, O1 is not limited to senior professionals, but also includes athletes, performers, etc.

O1 is divided into three types. O-1A is for the people with outstanding talents in science, education, business and sports. O-1B is for the people with outstanding accomplishments in the art industry (excluding the film and television industry), and O-1B refers to the people with outstanding accomplishments in the film and television industry. In comparison, the review for O-1A is the most stringent and the requirements of O-1A are close to the requirements of EB1 audit. What is different from the EB1, EB1 is an immigrant visa, and the beneficiaries can obtain a green card to have normal work and life in the United States while O-1A is a non-immigrant visa, which allows the beneficiaries to stay in the United States for a short time and finish their work in the United States as much as possible.

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