The O-1 visa enables particularly talented foreign persons to take up employment in the USA with a US company or organization. Applications can also be filed through a US agency under strict conditions. We are happy to assist you with the O-1 application.
The O-1 visa bears the official name "Extraordinary Ability" by which is meant exceptional ability in specific fields of work. The O-1 visa is a traditional US work and residence permit designed to allow exceptionally talented foreign nationals to work in the United States for a limited period of time.
Extraordinary Ability in this context means that the person
O-1 visa petitions can only be filed by the U.S. company or a U.S. organization, or by a U.S. agent for the employee in question ("Petitioner").
Proof of the existence of a U.S. company is therefore a basic requirement. Non-profit or governmental organizations as well as U.S. universities or educational institutions can also apply for O-1 visas for foreign persons.
Finally, O-1 applications by U.S. agents are also subject to strict review. For example, evidence must be provided that the U.S. agent is actually acting as such, i.e., is "in business as an agent."
There are two categories of individuals with extraordinary ability who may qualify for the O-1 visa:
O-1A status is available to an individual who can be counted among the top in his or her field of work. For individuals in the fields of science, education, business, or sports, this leading position is represented by important international recognitions, such as the Nobel Prize documented. Since such special awards are of course rarely given, "exceptional ability" can also be demonstrated by at least three of the following criteria:
To qualify for an O-1B visa in either of the above categories, one must have received or been nominated for major national or international awards in one's field of work (e.g., the Academy Award ("Oscar"), Emmy, Grammy, or a Director's Guild award, as well as comparable awards within one's country).
Instead of having one of these major honors or awards, you can also qualify for O visas to the U.S. if you meet at least three of the following criteria:
If one or more of the above criteria do not apply directly to the applicant, he / she may submit other comparable documentation to demonstrate exceptional ability and skill in the particular field of work.
An Advisory Opinion is required to obtain the O visa. You may also be familiar with this opinion under the name No Objection Letter. This opinion is usually issued by the relevant U.S. professional association or a U.S. union or professional organization and certifies
If no U.S. professional association is available, such an opinion can be prepared, for example, by suitable experts (= recognized authorities) from the respective industry. As a rule, several independent opinions are then necessary.
The second step is the actual filing of the O-1 petition with the appropriate U.S. Citizenship and Immigration Services (USCIS) Service Center in the United States.
If the USCIS application is approved, the US company will receive an I-797 approval letter in the mail.
In the final step, the prospective employee must go through the consular process in which the actual O-1 visa is issued (exceptions are only status extension or change of status procedures within the US).
Generally, this application step takes place during an in-person interview at the appropriate U.S. consulate in the home country.
How high the costs for US visas are depends on which visa is applied for. Generally speaking, the more application steps are required and the more US authorities are involved, the more expensive the visa application will be. The application fees for US visas can therefore vary greatly.
Anyone applying for a visa for the USA at a US consulate or embassy must pay the following fees:
Additional costs are incurred for application procedures via the U.S. Citizenship and Immigration Services (USCIS), such as applications for US work visas.
You can find more information about the different visa fees, other possible costs and the current payment methods on our fees page.
The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.
The application for a U.S. visa must be made through the official U.S. authorities, e.g. the U.S. consulates and U.S. embassies. The actual visa application is placed online, but almost every applicant must go to the consulate in person for a visa interview. With some work visas, it is sometimes necessary to send extensive files by mail to the U.S. authorities in the USA prior to the consular application procedure.
We advise and support companies and private individuals in all matters relating to visa applications. Read more about the requirements, duration and costs of a visa application.
Spouses and unmarried children under 21 years of age shall be issued a derived O-3 visa upon application for the same period as the main applicant. However, if the children reach the age of majority valid in the U.S., they must change their nonimmigrant status or leave the country.
Spouses cannot obtain their own Employment Authorization Document (EAD) with the O-3 Visa. Therefore, taking up employment is generally not permitted, also not for children. Spouses and children can attend private and public educational institutions with the O-3 visa.
A U.S. work visa is always tied to a specific U.S. company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the U.S. company that wants to hire you. The U.S. employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the U.S. employer.
In the event that the employment contract is terminated, the U.S. work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the U.S. for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the U.S. border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Depending on the visa type, the application is made through the U.S. consulates in the home country or additionally through the U.S. Citizenship and Immigration Services (USCIS). In Germany, for example, you can apply at the U.S. Consulate in Berlin, Frankfurt/Main or Munich.
IMPORTANT: Since 2001, all applicants between the ages of 14 and 79 have been required to appear in person without exception. This means that all visa applicants of this age must submit their application at a personal interview at the U.S. consulate. No documents are submitted in advance by mail (exception: age groups under 14 and over 79, here the application is submitted by mail). Another exception at present is the Visa Reissuance Program.
All applicants of a nonimmigrant visa must be in addition to the online application DS-160 create a visa profile on the website of the Visa Information Service for the purpose of making an appointment and paying the visa processing fee.
In the first step you make the payment of the visa fee (please note that the application fee is not refundable if your visa is rejected). The fee can be paid by online bank transfer, SOFORT transfer (electronic funds transfer), debit card or cash at a bank. Usually you will receive an email notification that the payment has been received and your account has been activated so that the appointment can be made.
The interview appointment must be made either online via the visa profile or by calling the U.S. consulate call center at +49 (0)322 2109 3243. If you make the appointment online via your Visa Profile, you will have the opportunity to view the available appointments at the U.S. consulates in Berlin, Frankfurt/Main and Munich in a calendar. You will then receive an "Appointment Confirmation", i.e. an appointment confirmation including proof of payment of the visa application fee. Appointment postponements or cancellations are possible. However, if you postpone your appointment more than twice, you will have to go through the whole process from the beginning and pay the visa fee again. On our website you can find the current visa fees.
Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.
Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.
Basically, in addition to the common DS-160 application form, applicants must have and the "Appointment Confirmation" you have to submit further documents. What these are also depends on the visa applied for.
Please note that your passport will be retained at the U.S. Consulate on the day of the interview and will be delivered by registered mail to a German address after a processing time of approximately one to two weeks. A personal pickup of the visa or an issuance on the same day are not possible!
Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.
The O visa is available to individuals with "exceptional ability" in the fields of science, education, business, sports, or in the field of the arts or the film and television industry. "Exceptional ability" in this context means, among other things, that the person.
The US authorities distinguish between O-1A and O-1B visas.
Individuals who possess exceptional ability in the fields of science, education, business, or sports qualify for O-1A visas.
Individuals who possess exceptional ability in the field of the arts or who have made exceptional contributions to the film and television industry qualify for O-1B visas.
O-1A visas can be obtained by individuals who have exceptional ability in the fields of science, education, business, or sports. This leading position is evidenced, for example, by international awards (Nobel Prize, Olympic victory, etc.).
Since such special awards are of course rarely given, proof can also be provided by means of a criteria catalog.
For the O-1A visa (science, education, business, sports), at least three of the following criteria must be met:
If one or more of the above criteria do not apply directly to the applicant, he/she may submit other comparable documentation to demonstrate exceptional ability and skill in the particular field of work.
Work visas for the United States must normally be linked to a specific job offer. In addition, the application is usually filed by the U.S. employer ("petitioner") and not by the foreign worker ("beneficiary").
However, there is a special feature when applying for an O-Visa:
Not only U.S. companies can act as applicants, but also U.S. agents. This has the advantage for the foreign employee to be able to work for different clients via the US agency (e.g. artists). If the application is made through a U.S. company, the O visa holder is bound to that company.
O-1B visas may be obtained by individuals who have exceptional ability in the field of the arts or in the film and television industry. This leading position is evidenced, for example, by international awards or nominations (Oscar, Grammy, Emmy, etc.).
Since such special awards are of course rarely given, proof can also be provided by means of a criteria catalog.
For the O-1B visa, at least three of the following criteria must be met:
If one or more of the above criteria do not apply directly to the applicant, he/she may submit other comparable documentation to demonstrate exceptional ability and skill in the particular field of work.
Artists or athletes who are of outstanding ability or have achieved outstanding performance may be allowed, if applicable.in their engagements/activities in the USAbe accompanied or supported by essential employees.However, the O-2 visa is reserved exclusively for assistants of artists, sports athletes, and film and television professionals!
The period of validity of an O-1 visa depends on the nationality of the applicant. Depending on the nationality, the so-called Reciprocity Schedule is used to decide how long the visa will be valid. However, the visa must be distinguished from the residence status or length of stay.
Upon first entry into the U.S., the holder of an O-1 visa is granted a period of stay not to exceed three years. The actual period of stay granted depends on the project period specified in the petition. An O-1 visa holder may also 10 days before and 10 days after the project period reside in the USA, but only work within the project period.
Extensions of the duration of stay
Extensions on petition are effectively unlimited in time periods up to one year, but only as long as the original project or activity exists. Taking up a new project or activity requires a new petition instead of an extension.
An Advisory Opinion (also called a "No-Objection Letter") is usually required to obtain the O visa. This advisory opinion is usually issued by the appropriate U.S. professional association or U.S. union/professional organization. The advisory opinion certifies the individual's exceptional ability or accomplishments, or confirms that there are no objections to employment.
Two Advisory Opinions are required for individuals of exceptional merit who will work in the U.S. film or television industry:
When is an advisory opinion not required?
Accompanying spouses and unmarried children up to the age of 21 are granted derivative status upon application, and thus an O-3 visa. However, with this visa, spouses are not permitted tonotallowed to work,i.e. the acquisition of a General Work Permit (Employment Authorization Document, EAD) in the USAis excluded(in contrast to other categories such asL-1orE-1/E-2).
However, children and spouses of O-1 holders are allowed to study full or part-time and attend all educational institutions (schools/universities).
For O-Visa applications there is no limit set by the legislator - in contrast to theH-1BCategory. This means that an application can be made at any time.
As a rule, applicants find out on the day of their interview whether the visa will be granted or not.
In certain cases, the visa applicant receives a letter of refusal from the consulate after a certain processing time. Incidentally, no reasons need to be given for a refusal. The reasons for this can be manifold and range - depending on the visa category - from the assumption of an immigration intention, to the presumption of illegal employment, to insufficient application documentation.
Once this has happened, a new visa can usually only be (successfully) applied for after several months or even years. Theoretically, there is no waiting period for the applicant until the next submission. However, experience shows that without a blatant improvement in the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of specialized professional knowledge, etc.), a new application does not appear to make much sense.
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