O-1 Visas for Extraordinary Ability in Business

The O-1 visa is a nonimmigrant visa for people with “extraordinary ability” in their field that can provide up to three years of stay in the United States. It is one of the few categories that has an “agent” option. In simple terms, this means that people can have a sponsor but still be a self-employed entrepreneur. This makes the O-1 visa one of the best options for a businessperson who wants the flexibility to form new entities, work for more than one entity, and have the real creative freedom they need to continue doing extraordinary things!

A standard answer here is, “it depends.” An O-1 visa recipient may temporarily remain in the United States for three years, but they may also be able to extend their stay beyond that timeframe depending on their individual circumstances. However, not every petition will need to be valid for three years. This will depend on the scope of the itinerary/proposed activities in the United States. An important part of the petition is the start date. We prepare cases so that the start date will be after the approval date, which maximizes the time a person may have on the visa.

Benefits of the O-1 visa include being able to work lawfully in the United States, the ability to travel freely both within and outside of America, the ability to bring family members along (i.e., spouse and children), and obtaining a green card if, after a temporary time on the O-1 visa, it is determined that long-term plans need to be developed. These are just a few examples of the many positives that come with an O-1 visa.

In order to be eligible, individuals must meet certain criteria set forth by USCIS and demonstrate ‘extraordinary ability’ in their field. This can be demonstrated through awards, expert testimony, publications, organizational recognition, etc., which all attest to one’s extraordinary abilities. In private businesses, publications may not be relevant to the case. For example, O-1 entrepreneurs who may not have a lot of formal education but instead have made original contributions or have noteworthy experience in the field of business are equally important demonstrations of ability. Sometimes, we look at a combination of education and experience to take the case over the line into approval.

There are so many of entrepreneurial options to discuss, we encourage all potential applicants; “don’t rule yourself out!” After having a consultation with us, we will advise you honestly on whether or not we believe your case will be successful. Ultimately, USCIS (and later a U.S. consulate) will have to make determinations, but it is best to start by letting us give you our professional opinion. In our experience, some of the most brilliant and creative people we know were hesitant to talk about their accomplishments at first. It wasn’t until we spent time delving into and exploring their story that we found the ‘golden nuggets’ we needed to win a case.

The O-1 visa can be a great option for small business owners or entrepreneurs who want to come to the United States to start or grow their business. There are O-1 visas for many other categories (such as O-1s for artists/musicians), but our team most often works with smaller enterprises when it comes to O-1s.

While English can be helpful, there are NO language requirements for O-1 visa applicants.

Contacting our team to book a consultation with one of our experienced attorneys at Helen Tarokic Law PLLC would be a great start! We will guide you through every step of the process – from understanding the USCIS eligibility criteria to debating answers on the ever-increasingly complex immigration forms that go to multiple agencies.

Yes – there will be fees associated when filing Form I-129, which covers any costs related to filing paperwork such as attorney fees, government filing fees, etc. We anticipate about 20 hours of work over a few months. In addition, with O-1 cases there is typically a government expediting fee known as “premium processing” which can help to speed up the processing time of the case once it is filed with USCIS. 

After a consultation, the attorney will prepare a fee quote and our team will send a contract for legal services, usually with a flat fee estimate. If you then decide to start a case with us, you can make a payment and we will assign the case to begin working on your future O-1 process.

In some cases, consultations with potential clients result in our team determining that a different option would be more suitable for that particular client. It is important to keep your mind open and be as forthcoming as possible so that we can plan short- and long-term options.

Examples include but are not limited to: 

• Awards received (don’t let this word make you nervous! We look at a broad range of recognitions including scholarships, prizes, accord from different associations, and so much more)
• Testimonials from current or past employers (please do not write these – we can review drafts, but this is a specific type of letter that requires attorney review and comment)
• Documentation of membership to associations requiring “extraordinarily high” qualifications
• Articles published about you in major media outlets, including television interviews (we also look at anything on the internet that is about you or pertains to you). You can come well-prepared for our consultation by having a detailed resume and list of all media platforms and any other places you may appear online.
• Evidence showing income earned over a certain time period (what qualifies as high income in one field might be different in another, and for start-ups, this “high salary” is not always applicable)
• Degrees/diplomas from universities and/or certificates of completion for relevant educational programs (this may not apply to all business entrepreneur cases, but if you do have education, please let us know)
• Anything else you may think is important for your field. We want to know about it!

After submitting all required documentation to USCIS for an O-1 petition, USCIS will issue a receipt number. If premium processing was chosen, the receipt notice will come by email and then later by mail. Following this, USCIS will review the petition and either approve, deny or issue a “request for evidence.” Again, that information will usually come by mail to the attorney and the client, although it can sometimes come by email.

Yes! Most importantly, make sure that all information stated throughout your entire application process is truthful. Providing false information may lead to your application being denied, or worse, it could result in criminal or civil penalties. Please note that consultations with attorneys are confidential. Attorneys care about filing honest and ethical applications. We are here to uplift you and make your application polished and ready for approval, but we can’t help you if you aren’t truthful.

It is also acceptable to talk about long-term options. Often, the path to a green card for O-1 visa holders will develop after the person has had time in the United States with their O-1 status. The EB-1 visa is also available to people with “extraordinary ability” in their field, and O-1 visa holders often already meet the majority of the requirements to be eligible for this visa. The application process for an EB-1 visa is similar to the process for applying for an O-1 visa, but there are many additional things to discuss about a green card case through the EB-1 process.