4 Major Disadvantages of the O1 Visa

Published by Mei in O1 | Updated 2024

The O-1 visa is a great way for foreign nationals with extraordinary ability in the arts, sciences, education, business, or athletics to work temporarily in the United States. (Read about how to apply here.) However, there are some disadvantages to this visa that you should be aware of before you apply.

We discuss the following disadvantages:

We will also offer some tips for overcoming these disadvantages and successfully obtaining an O-1 visa.

Finding a sponsor can be difficult

This is a sponsored visa and so finding someone is required. Many applicants falter at this obstacle and so they never apply. It can’t be impossible to find a sponsor – we all found sponsors and there are plenty more working in the US on these visas that found sponsors. You need to align yourself and network with US people that are potential sponsors. This is even easier now because of the internet. Many agents/managers have sponsored people in the past – sponsoring you isn’t that big of a deal. Read more.

Here are some tips for finding a sponsor:

• Network with people in your field who may be potential sponsors.
• Attend industry events and conferences.
• Contact agencies or managers who specialize in placing foreign nationals in jobs in the United States.

Restrictive

Here are a few ways the O visa is restrictive:

• The time allowed is only for the amount of time requested or for as long as the submitted work contracts show.
• If there are breaks between contracts of more than 45 days the USCIS might only give you a visa until the end date of the last day of the second last contract.
• If your job description is very specific you might not be permitted to work in any other job, even if it is within the same field.
• If your Sponsor is a company you may only work for that company, this is why it is best to find an agent or manager to be your sponsor- they offer far more freedoms.

Here are some tips for understanding the restrictions of the O-1 visa:

• Be sure to read the requirements carefully before you apply.
• Make sure that your job offer is consistent with the requirements of the O-1 visa.
• Be aware of the limitations on the amount of time you can stay in the United States and the type of work you can do.

There are hidden extra costs

With the O1 application there are many hidden fees you should prepare for and these can mount

• Union Consultation Letters eg. if you are a musician that is x,y, z getting a labor visa consultation from AGMA can cost as much as $550!
• Premium Procession – not necessary but you might need to go this option if you have work starting soon.
• Flights – as soon as your visa has been approved and you receive the confirmation in the mail if you are abroad you must interview at the US Embassy/Consulate to get your visa in your passport because you are not approved until this happens you shouldn’t book flights until you have the visa in your passport this can mean high ticket prices close to flying.
• Postage – registered mail can be expensive.
• Printing – before the O1 had to be filed in duplicate – that meant every form, petition letter, recommendation letter an evidence sheet was copied twice. So at least now it’s only half the trees.

Here are some tips for understanding the hidden costs of the O-1 visa application process:

• Be aware of the fees associated with the petition, the application, and the interview.
• Be prepared to pay for any union consultation letters or other supporting documentation that are required.
• If you are using an immigration attorney, be sure to ask about their fees including if there are extra fees for RFE, Denial rebuttals, adding family or support personnel etc.

Uncommon

As these visas are ‘specialist’ visas it can mean that many immigration attorneys have never filed them. This is why we built our site. You should learn as much as you can about the visa and the application in the off-chance you are using an attorney that hasn’t files one before.

Read here for tips on finding an immigration attorneys who are familiar with the O-1 visa process:

• Contact the American Immigration Lawyers Association (AILA) and ask for a referral.
• Search online for immigration attorneys who specialize in O-1 visas.
• Ask your friends, family, or colleagues for recommendations – remember it cannot be a specialist in family immigration they must have O1/EB1 experience.
• Know that an attorney is not necessary eg. many model companies have their own in-house attorneys, many tech firms too. Also, the USCIS have designed their applications to be submitted without an attorney – there are many guides online. Here’s one we used.

By understanding the disadvantages you can maximize your chances of successfully obtaining this visa and making it work to your needs. One common misconception is that you should have the O1 visa before going for the EB1 – this is entirely false. If your career is strong you can go straight for the green card.

Finally, the O-1 visa application process can be long and complicated. The process can take several months if you don’t fork out for the Premium Process service, and there is no guarantee that your application will be approved. You need to provide a lot of documentation to support your application, including letters of recommendation etc BUT It is not impossible we know – we have been through this and are now working in the USA. Read here for more on the O visa.

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All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.

If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!