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Home Articles Is the O Visa for Extra-Ordinary Ability for You?
Is the O Visa for Extra-Ordinary Ability for You? PDF Print E-mail
Are you one of the top people in your field or have you won a major international award or have you received national or international acclaim and recognition in your field of work? If so, you may qualify for an O visa. O visas are issued to non-immigrants with extra-ordinary ability in the sciences, arts, education, business, or athletics.

No Numerical Cap:Although there is no numerical cap on the annual admissions of these non-immigrants, O visas require that its visa holders must intend to work in the area of extra-ordinary ability claimed. 

No Limit on Duration of Stay:Another advantage of the O visa is that there is no explicit statutory limitation on the period of stay for O visa holders.  An initial period of stay can be approved for 3 years and extensions of stay for an O-1 visa holder can be granted in increments of 1 year.

Pending GC application is OK:An O visa holder can have a green card application pending while on an O-1 status and the O-1 beneficiary does not need to show that s/he is maintaining a residence abroad to which s/he intends to return.

Free-lancing is not allowed:An O visa holder can only be admitted to perform services in “specific, identified events, performances, competitions, or engagements” and an O-visa holder cannot enter the United States to free lance.

Application process: The procedure for an O visa is in three steps:
  1. An O beneficiary cannot petition for himself and an employer, manager or agent is required to sign the application form and generally, a petition can be approved only after the employer, manager, or agent consults with a peer group, management organization, or labor organization, who attests that they have no objection to the applicant being granted an O visa.
  2. An approval by the USCIS of an O petition supported by the above mentioned advisory opinion from an employer, manager, or agent.
  3. Issuance by a U.S. Consulate of an O visa based on the approved petition. If you are not sure whether you qualify for an O visa or if you need additional guidance, feel free to contact our office.

Hanishi Thanawalla is an immigration attorney at Mithras Global, an immigration and international business law firm, which focuses on US based Immigration law. Hanishi can be reached at 617-500-3233 or at www.mithraslaw.com.