Among the alphabet soup of temporary visas, the O-1 stands out as one of the best options due to its versatility and efficiency. This visa can be considered a close cousin of the EB-1, the green card for people with extraordinary abilities. However, it differs as it is a temporary visa, meaning it is not a green card; it requires a sponsoring company or agent; and it demands a consultation letter from a union in the profession or an expert in the beneficiary’s field.
One of the factors that makes the O-1 visa very attractive is the speed of processing. The petition can be made through Premium Processing, where, upon payment of an expedited fee, immigration has 15 days to approve, deny, or request more evidence. Once approved, the beneficiary can schedule an interview at the consulate and quickly enter the United States with their family to work at the sponsoring company or fulfill the schedule of events specified in the petition. Family members enter with the O-3 dependent visa. Individuals with O-3 can study but cannot work.
There are two distinct classes of O-1 visas: the O-1A for individuals with extraordinary abilities in the sciences, education, business, or athletics, and the O-1B for individuals with extraordinary abilities or achievements in the arts, television, and film. The O-2 visa is reserved for essential professionals accompanying the O-1 artist or athlete to a specific event.
Extraordinary ability for the O-1 visas is determined by criteria such as awards, media coverage, high salary, commercial success, etc. It is during a consultation with an immigration attorney that the viability of the O-1 visa for the applicant is determined, and this visa is widely used by artists coming to perform in the United States. It is also a very useful tool for quickly bringing executives and other professionals who have a project or work in the United States.
The O-1 visa can be approved for an initial period of up to three years. An interesting (and somewhat annoying) point is that Brazilians, due to reciprocity agreements, receive only three months of visa validity in their passport, even if they have approval and stay granted in the United States for three years. This means that with each trip outside the country, the individual will need to go to the American consulate to obtain another visa in their passport. This can be avoided if the person has another citizenship, which will allow the consulate to issue the three-year visa.
It is important to note that the O-1 visa does not “grant the right to the EB-1 green card,” although the criteria are similar. The O-1, while similar, has slightly “softer” criteria, and not necessarily a person with an approved O-1 will have the EB-1 approved as well. However, within a long-term immigration plan, different options can be considered if the individual with O-1 is interested in staying in the United States.
