O1
visa is for alien who has evidence to prove "extraordinary ability"
in his/her field of sciences, education, arts, athletes, and business. The
qualified O1 nonimmigrant enjoys the benefits which are not allowed in
other employment-based nonimmigrant categories.
The
O1 visa category offers several advantages over other types of work visas. No
annual limit exists on the number of visas issued, and O1 visa holders may
pursue permanent U.S. residency. Some O1 holders may petition for a U.S. Green
Card without the need for Labor Certification.
1.
A good option for H-1B holders who close to completing 6 years in H-1B status
The
O1 visa does not have maximum limit to the stay in the U.S. More importantly, those
who reached H-1B 6-year limit or L-1B 5-year limit or L-1A 7-year limit can
change to O1 visa status.
As many people are aware, there is a 6-year maximum period of stay in H status,
periods of stay in all types of H status are added together. For persons awaiting completion of green card processing, this time limit can be a major cause of stress.
But for O1 status, there is no maximum period of stay. Therefore, the
O1 is another
option to consider for those who may be close to completing 6 years in H-1B status.
Also, when the H-1B cap has been reached, it is a good alternative for those who
qualify to apply for O1.
2.
No annual cap and Labor Condition
Application
There
is no maximum number of O1 nonimmigrant that may be admitted annually to the
United States. The
O1 visa does not have an annual cap unlike H-1B, while it enjoys dual-intent
like H-1B. Also, O1 visa is not subject to the Labor Condition Application unlike
H-1B. Accordingly, O1 visa application is free from various restrictions such as
wage,
location of work, etc.
There are many other privileges which are given to
this visa category. Since the process demands a sort of clearance from the peer
group or organization, it does not face hostility from the U.S. labor
forces.
3.
A person in J1 status subject to the two year home residency requirement is eligible for
O1 status
Another important aspect of
O1 visa/status is that it is a viable status to seek for aliens subject to the two
year foreign residency requirement of the J1 exchange visitor program.
The O1 visa is a good option for a J1 holder who is subject to the two year home residency
requirement and can not obtain a J1 waiver. Such person can not apply for the
H-1B visa, but can apply for the O1 visa.
Many persons who hold or have held
J1 or J2 status are not permitted to obtain H-1B or L1 visa status until they and/or the primary
J1 status holder has spent two years in his/her home country after the expiration of the
J1 status, or a waiver of the two year residency requirement is obtained. These individuals may obtain
O1 status without fulfilling the two year residency requirement or getting a waiver of the requirement. In such cases, however, the alien may not change status to
O1 in the United States, but must obtain an O1 visa either in the home country or a third county.
4.
No maximum period of stay in O1 status
For O1
visa, the initial period of stay can be approved for the time necessary to complete the activity for which the nonimmigrant is admitted, up to a period of three years. Extensions of stay can be granted in increments of up to one year to continue, or complete the activity for which the person of extraordinary ability is admitted.
There is no maximum period of stay in O1 status.
5.
O1 status applies to athletes or entertainers
O1 Status is distinguished from other employment related statuses in that it applies to more types of work than other
areas, including the athletes or entertainers. For instance, H-1B status is limited to professionals and cannot apply to athletes or entertainers as can
O1 status.
6.
No requirement of educational and prevailing wage
The real benefit of the
O1 over a H-1B is that an educational or professional degree is not essential for approval, and no prevailing wage requirement
exists, and no annual limit exists on the number of visas issued.
7.
U.S. Green Card application
O1 visa applicants do
not have to prove that they will not
abandon their foreign residence. In other words, O1 visa holders can apply for
permanent residency. Some O1 holders may petition
for a U.S. Green Card through the EB1-Extraordinary Ability,
EB1-Outstanding Researcher or Professor, or National Interest Waiver without the need for Labor Certification or job offer.
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