O-1 Visas for Outstanding Talents: Everything You Need to Know

Recommended for YouO-1 Visas for Outstanding Talents: Everything You Need to Know

An alien with exceptional talents in a certain area might desire to come to the United States temporarily and work for a particular company. In this article, the specific situation of when aliens decide to stay and be a citizen of the United States will be examined under diverse legal perspectives. Regardless, once people get an O-1 Visa, they must hold a green card for five years to become legal permanent residents.

The O nonimmigrant category includes 4 separate types: O-1A Visa, O-1B Visa, O-1 Visa, and O-2 Visa. The O-1A Visa concentrates on people with exceptional proficiencies in science, education, business, or sport, who seek a non-permanent career in the United States. 

The O-1B, on the other hand, focuses on people with special qualifications in the arts or who have outstanding accomplishments in the film industry. 

The O-2 focuses on people who will enter an O-1 visa owner at a special occasion or performance.

The O-3 Visa is particularly for the partner or kids of O-1 or O-2 visa owners.

For the request of an O-1 visa, the visa seeker has to file Form I-129 at least forty-five days before the first day of the work. The petition for a nonimmigrant worker must contain a labor contract copy including the employment terms and proficiency proof from an unbiased expert in the same field.

The soon-to-be O-1 visa holder is demanded to show a detailed demonstration of the attended occasions that are related to the O-1 visa holder’s talents. O-1 Visa holders are also, required to satisfy the standards of The United States Citizenship and Immigration Services’ list.

0-2 Visa

A 0-2 Visa applicant must deliver documentation, which demonstrates the intended activity needs an assistant. The O-2 Visa application demands an advisory statement from a proper labor corps concerning the essentials for such an assistant. Documentation must show that the O-2 beneficiary’s assistance is an essential element of the O-1. Additional evidence should be shown to emphasize the beneficiary’s talents and knowledge that are necessary to sustain the O-1 Visa holder. If no corps exists, this condition may be waived, and qualification will be based on the proof submitted.

0-3 Visa

The partner and kids younger than 21 years old who are coming with the alien in the United States are qualified to ask for the O-3 visa. These visa holders are not qualified to work in the United States and will not obtain a social security number, nonetheless, O-3 visa holders are permitted to work part-time or study full-time. O-3 visa holders are likewise subject to the identical restrictions and period limitations as O-1 and O-2 Visa holders.

O-1, O-2, and O-3 Visa holders are not granted to stay in the United States for more than three years although an additional one-year stay can be requested. For extra stay time, the aliens must submit the I-129 FormI-94, and a statement of extension from the United States Citizenship and Immigration Services(I-539 Form additionally required for 0-3 visa holders). Nevertheless, aliens may apply for permanent residency via an employment-based green card after receiving the O-1 Visa and staying in the United States. For instance, O-1 Visa holders can apply for the EB-1 visa, the green card counterpart for outstanding talents and accomplishments. The O-1 Visa holder might self-petition with the I-140 which may be funded by an employer. After the approval of EB-1 requisition aliens may request to be legal permanent residents either via Form I-485 which is the application to register permanent residence or via consulate. 

Living in the United States for 5 years with a green card, aliens are qualified to request citizenship via N-400 which is the application for naturalization. After practice and compliance, then the aliens continue to a biometrics arrangement, an interview, and then obtain a determination concerning the request. 

The last stage is acquiring notice for and attending the naturalization ceremony. After the N-400 is filed, the naturalization process should take ten months according to a New York Times article from 2019. Nevertheless, with the closed United States Citizenship and Immigration Services offices due to COVID-19 measures, there is a delay in the procedure of requests and the naturalization ceremonies. Thus, as an O-1 Visa holder, it is likely to one day become a legal permanent resident or a United States citizen.

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