O-1 visa is for alien who has evidence to prove "extraordinary ability" in his/her field of sciences, education, arts, athletes, and business. The qualified O-1 nonimmigrant enjoys the benefits which are not allowed in other employment-based nonimmigrant categories. 

 

The O-1 visa category offers several advantages over other types of work visas. No annual limit exists on the number of visas issued, and O-1 visa holders may pursue permanent U.S. residency. Some O-1 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 O-1 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 O-1 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 O-1 status, there is no maximum period of stay. Therefore, the O-1 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 O-1.

 

2.  No annual cap and Labor Condition Application

 

There is no maximum number of O-1 nonimmigrant that may be admitted annually to the United States. The O-1 visa does not have an annual cap unlike H-1B, while it enjoys dual-intent like H-1B. Also, O-1 visa is not subject to the Labor Condition Application unlike H-1B. Accordingly, O-1 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 O-1 status 

 

Another important aspect of O-1 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 O-1 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 O-1 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 O-1 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 O-1 in the United States, but must obtain an O-1 visa either in the home country or a third county. 

 

4. No maximum period of stay in O-1 status

 

For O-1 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 O-1 status.

 

5. O-1 status applies to athletes or entertainers 

 

O-1 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 O-1 status.

 

6. No requirement of educational and prevailing wage

 

The real benefit of the O-1 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

 

O-1 visa applicants do not have to prove that they will not abandon their foreign residence. In other words, O-1 visa holders can apply for permanent residency. Some O-1 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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