O-1 Visas

The O-1 Visa application starts with a Form I-129, Petition for Nonimmigrant Worker, that is sent to the United States Citizen and Immigration Services. The form should typically be submitted within a year of when it is needed but at least 45 days before your entry into the United States. To apply for an O-1 Visa, you need an experienced immigration attorney to help you make sure all fo the procedural rules are strictly followed. If you make a mistake or have inadequate grounds to qualify for the O-1 Visa, then you might receive a request for evidence (RFE) or a denial.

To avoid any problems, the attorney you choose needs to be experienced with the current 0-1 Visa requirements and knows how to comply with all of the procedural requirements to obtain this type of employment-based visa. Many of our clients come to us because they have a J-1 visa and want to transfer to a 0-1 Visa. For example, if you are a Fulbright Scholars or a foreign student in training, moving from the J-1 visa to the O-1 visa might be your only chance to stay in the United States to keep working.

Luis F. Hess, an experienced immigration attorney, also helps clients extend their period of stay under the O Visa after the initial period of stay ends. O-1 Visa holders have many advantages over other types of work visas. Unlike other types of visas, the O Visa has no limit to the number of times you can extend your stay, although the services of an experienced immigration attorney are needed to make sure your application is properly completed and that it provides sufficient grounds to support the request for an extension.

Attorney for the O-1 Visa in The Woodlands, TX

U.S. immigration law provides for several different types of O Visas including:

  • O-1 Visa
    • O-1A
    • O-1B
  • O-2 Visa
  • 0-3 Visa

An experienced immigration attorney in The Woodlands, TX, can help you determine whether you might qualify for a 0-1 Visa. Contact us to find out more about transferring from a from a J-1 Visa to an O-1 Visa. We can answer your questions about how much it costs to apply for an 0-1 Visa and how long it takes to complete the process. We can also help you if you received a request for evidence (RFE) after applying for an O-1 Visa. We also help clients who need to file an extension of the O-1 Visa.

Luis F. Hess represents clients in immigration cases throughout Montgomery County, Harris County, and the surrounding areas. With an office in Shenandoah, his immigration law firm is just north of The Woodlands and south of Conroe, TX. Contact an experienced immigration attorney in The Woodlands to find out more. Call Luis F. Hess, PLLC at (281) 205-8540.


The O-1 Visa

The O-1 Visa is classified as a Non-Immigrant Employment Based Visa that allows you to remain and work in the United States. Sometimes called the "artist visa," the O-1 Visa is used for a variety of professionals including doctors, professors, executives, actors and athletes. To qualify for the O-1 Visa, you must show that you have "extraordinary ability" in one of the following fields:

  • Art
  • Athletics
  • Business
  • Education
  • Science

The O-1 Visa has two subcategories including the O-1A visa and the O-1B visa. Although the benefits of the O-1A and O1B visa are the same, the criteria to qualify is different. O-1A Visas are for people who work in Athletics, Business, Education or Science. For a person working in athletics, they can use an agent as a sponsor. O-1B Visas are for people that work in the Field of Art. An artist can sometimes use an agent as a sponsor.

A person who is granted an O-1 Visa can qualify to bring support staff and dependants with them. Under the O-1 Visa, you can live and work in the United States while you work for your sponsor or employer. If your sponsor is an agent, you can have multiple employers or work on a freelance basis if the work is contracted through your agent. To be eligible for the O-1 Visa, you must show that you have a job offer and that your achievements in your field of work demonstrate your "extraordinary ability."

The O-2 Visa is granted to the support staff of an O-1 Visa holder. An O-3 Visa is granted to the spouse or minor children of the O-1 or O-2 Visa holder. The O-3 Visa allows these family members to go with their relative to the United States. Although you can study while on an O-3 Visa, you are not permitted to work while in the United States under this type of visa.


Extention of the 0-1 Visa

An immigration attorney in The Woodlands, at Luis F. Hess, PLLC can help you apply for an extension of the O-1 Visa. As part of the process, you and your attorney need to prepare and submit the following documents to the USCIS:

  • A Form I-129, Petition for Nonimmigrant Worker;
  • A Form I-94, Arrival and Departure Record; and
  • A statement from your employer or agent that explains why the why the period of stay needs to be extended.

Call an immigration attorney at Luis F. Hess, PLLC about the best way to apply for, transfer, or extend the 0-1 Visa. We can help you at all stages of the case. Call (281) 205-8540 to find out more.


This article was last updated on Friday, February 23, 2018.