O1A Visa How To (2024) - Extraordinary Visa USA

Published by Mei in O-1 Visa | Updated 2024

The O1-A is suitable for people working in the sciences, education, business, or athletics. If you are in the Arts please click on our O1-B information here. P got an O1-A visa as a soccer coach in the US, Manny received his O in business and Lena could have applied for the O as a scientist but went straight for the EB-1.

The O-1A visa is a non-immigrant visa for individuals who have extraordinary ability in the sciences, education, business, or athletics. It is a popular visa category, with over 163,000 visas approved in 2019. For the stats relating to your country click here. Many are told that the USA O1-A visa is IMPOSSIBLE to get, if that’s the case then how are there so many working in America on these visas already? We came to the USA on these visas.

If you are a working in your field then there is a good chance that you may qualify.

If you are interested in applying for the O-1A visa, there are a few things you need to do. First, you need to demonstrate that you have extraordinary ability in your field. This can be done by providing evidence of your awards, publications, and other achievements.

Second, you need to obtain a sponsor for your visa application. The sponsor can be a US employer or a US agent.

Third, you need to file a petition with the USCIS. The petition must include evidence of your extraordinary ability and your sponsorship.

If your petition is approved, you will be granted an O-1A visa. This visa will allow you to live and work in the United States for up to three years.

The O-1A visa is a great way to come to the United States to pursue your career. If you have extraordinary ability in your field, I encourage you to consider applying for this visa.

The O1-A visa basics:

It is a non-immigrant visa allowing you come and go from the USA as you please.
The O1-A is an excellent alternative to the H-1B, E2, E3, B1
The O1-A is an excellent to upgrade to from the L1, P1, J1, OPT etc
A sponsor is required. You may only work for that sponsor. (More below and here.
Although technically not a freelance work visa having a ‘blanket visa’ can allow freedoms.
Allows workers to live and work in America for up to 3 years.
Job offer/s are required.
Must continue working in the area of your extraordinary achievement in the US.
You are permitted to use the Premium Processing service. (Decision within 15 days)
You can bring your spouse and children.
You can bring a support person. (Manager/Assistant/Accountant/Coach etc)
Any athlete, business person, educator, scientist can apply
You must prove you are extraordinary by fulfilling 3 criteria. (More below)
Can easily be ‘Amended’ or ‘Extended’.
An O-1A Visa is not necessary before applying for the EB-1 Green Card but is a great visa to determine if you enjoy living and working in the USA.
An attorney is not necessary to file.
Should have a residence in a foreign country which you have no intention of abandoning.
MORE below

O-1A

The O-1A nonimmigrant visa, is for the individual who qualifies as having “extraordinary ability” in the sciences, education, business, or athletics.

The maximum amount of time allowed in the O-1 visa initial period of stay is 3 years. You can apply for extensions under the same sponsor of up to 1 year per extension.

To judge that you are extraordinary the USCIS have devised a list of criteria for your to submit under. You should qualify in 3 criteria – check them out [requirements.

The USCIS also require [‘consultation letters’] also known as ‘no objection’ letters – these must come from a U.S. peer group, labor, and/or management organization affiliated with your field. If there is no such group related to your particular field, don’t panic, this letter can be from a person or persons with expertise in your field.

As with most employment-based visas, a Sponsor is required.

Sponsor

Choosing the right sponsor is imperative. The O visa is a “sponsored” visa, meaning you need a representative in the USA eg. a manager, agent or company to sponsor you. You can change your sponsor if you need to at any time. A change of sponsor application can afford you up to another 3 years. You can also have several O visas at the same time. Concurrent visas can be with different sponsors. You are only permitted to work for your sponsor, hence why a manager or agent is best – as they can loan you out to other employers. This is known as a ‘blanket visa’.

The USCIS allow petitioners to be a U.S. employer, a U.S. agent, or a foreign employer (through a U.S. agent). This relationship should be contracted and your sponsor will need to sign all submitted paperwork. While you may not “self-petition” on the O-1, a separate legal entity owned by you may be eligible to file a petition on your behalf (also consider the EB-1 extraordinary ability immigrant visa).

If you are sponsored by a company YOU MAY ONLY LEGALLY WORK FOR THEM. This can be known as a Single Project O-1 Visa. Many people use this visa type for an individual company eg. You have a contract with IBM you will be more than likely work out of an office with an address that doesn’t change. If you are contracted to play/coach with the Boston Celtics you will need to submit an “Itinerary” indicating the planned tournaments over the next 3 years.

Many applicants use the single Project O-1 visa in order to work in the USA to see if it is somewhere they would be happy to work and live before committing to a 3 year blanket O visa or upgrading to the EB-1 green card. For example, you could be hired by Arizona Soccer Club for a single season, while working there you could meet a manager that would like to work with you. You can then submit a separate visa application with that manager as your sponsor or apply for a ‘Change of Sponsor’. This manager should be able to contract you out to work with many employers.

Have a read of our Sponsor information here.

Time Allowed

To ensure you have the maximum time possible on your visa, you will supply work contract/s across a 3 year span. You must show proof of upcoming US work for a legitimate company/companies within your field. If you intend to work in more than one company these contracts become your ‘Itinerary’.

Please note the amount of time allotted to your visa is entirely up to the discretion of your immigration examiner you may not be awarded the full 3 years. This may also be changed from the approved time amount by Custom and Border Patrol too on entering the USA. Ensure you check the end date given by your gate officer when entering the USA. You should have your application evidence with you to show your contract dates and itinerary.

An ‘extension of stay’ with the same Sponsor may be applied for in increments of up to one year thereafter.

Also, if you end up not working as often as you planned in the US and have booked a gig abroad you can enter and exit the USA as often as you wish.

Costs of applying O-1A – Temporary Visa

Here are the costs broken down:

USCIS Form I-129: $460
Union Consultation Letter approx $250 – $500
US Embassy Consular Processing $190 +
Print & Postage $150
Total = $1,050 – $1,300 approx

Premium Processing: $2,500* (not necessary)
If you decided to hire an Attorney their fee can be from $5,000 to $8,000 approx.

How long does it take to get?

The time for gathering evidence to filing your application is up to your individual case, if you have the career generally it can take up to 3 weeks to be ready to file. Sending it into USCIS processing times can vary. You can pay for [Premium Processing] to have your answer within 15 days – we have found that most applicants receive a response within 1-3 days. Only consider Premium Processing if you believe your case to be strong. Through ordinary processing it can take as long as 3 months even 4 months! Check here for Processing Times. From approval it can take a week to organize your consulate/embassy meeting and another week for your passport to arrive with your visa stapled in your passport. These times are general approximations post-Covid.

If I get this visa can I work anywhere in the US?

Yes! This is a visa that is valid for all of the USA as long as you are working within your field. If this is your intention it is best that you are sponsored by an agent or a manager otherwise you are stuck with your company sponsor. You may add additional engagements during the your valid O visa stay without filing an amended petition to the USCIS, as long as they are in the same O-1 caliber.

Can I do any work?

The occupation listed on the O visa can be restrictive. You are only legally permitted to accept work under the occupation you choose on your form. This is incredibly important. Consider if the occupation you choose fully describes your income streams eg. if you apply only as a tennis coach you might not be allowed to accept work as an umpire. This might not be allowed under this restrictive visa so choose a suitable occupation number that encompasses how you usually work. If you are a ballroom dancer applying under an athletics visa to be allowed dance in showcases you should list previous showcase work. It is wise in your petition letter to have examples of past employments throughout your field so as to not be restricted. You should cover all bases. You should have evidence in your petition letter that you worked in that field before and consider including a deal memo for an upcoming job in that position.

Can I bring my family?

The other major benefit of this visa is you can bring your spouse and children. They will come to the US on the restrictive O-3. Spouse and children may study but may not work on this status.

This visa allows allows you to apply to bring a support person on an O-2 – they may only work for you on this status. These could include your Manager, Assistant, Accountant, Coach, Translator etc).

Who can apply?

This US visa for athletes, sports coaches, educators, scientists, entrepreneurs, business people, YouTubers, software developers, ballroom dancers, chefs, engineers, wrestlers etc. the O-1A is an excellent temporary visa to allow you live and work in the United States and is ideal for those who wants to test the American market out before committing to the EB-1 permanent green card (remember it is not necessary for you to have an O-1 before applying for the EB-1). Transfer from O-1 TO EB-1 information.

How do I apply?

Full Step by Step [How to Apply for the US O-1A Visa]

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!

FAQ

Is the EB-1 Green Card application the same as the O-1 Visa?

No. The O-1 and EB-1 criteria are similar but there is a higher standard of extraordinary ability necessary for approval of an EB-1 green card application than an O-1.

The O-1 application does requires more documents to be included in the application: you must supply a sponsor contract, itinerary, consultations etc. These visas should be treated as completely separate applications. There may be more documents in an O visa application but an EB-1 application is adjudicated with higher level of scrutiny.

Can I really do this application myself?

Of course! Click here for our guide information and here for a break down of [How to Apply for the US O-1A Visa]. Use of an immigration attorney is optional. Using an attorney is not a requirement of the USCIS. You are permitted to self file. The USCIS forms are free and available on their website here. Check our our Attorney Guide. There is a lot involved in the application, most of which you have to do on your own anyway. No question what an attorney offers you is peace of mind. They have done it all before many times and they can do it for you, taking much of the stress and pressure off. Of course, they charge a fee for this service, which may or may not be a factor in deciding how you proceed. Many agencies/managers submit these applications themselves.

There’s no guarantee either way, the deciding factor is your career, not who prepared your application. Over at GreenCard.guide (read our review / get discount code) they are building O1-A Athlete and Business guides. There are Scientist guides online. Educator applications should be very similar to Scientist applications.

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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!

O1 Visa