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Immigration Blog

Lux Law immigration blog provides up-to-date information on the recent developments in immigration law for U.S. citizens and foreign nationals interested in immigrating to the U.S. The blog covers a wide variety of issues, from news from the White House to tips on how to navigate the USCIS regulations.

O-1 Visa: FAQ

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FAQ 1: Who Qualifies for O-1 Visa:

The O-1 visa is a non-immigrant visa category for individuals who possess extraordinary ability or achievement in their field, whether it be arts, sciences, athletics, education, or business.

FAQ 2: How Long Can I Stay on an O-1 Visa:

The initial period of stay granted on an O-1 visa is typically for up to three years. However, extensions are available, and individuals can stay on an O-1 visa for as long as they continue to meet the eligibility criteria and have ongoing employment or projects in the United States related to their extraordinary ability.

FAQ 3: Do I need a job offer to apply for an O-1 visa:

Yes, an employer or agent must file the O-1 petition on behalf of the applicant, and the applicant must have a job offer or contractual agreement in the United States related to their extraordinary ability.

FAQ 4: What documents are required for an O-1 visa application:

Supporting documentation for an O-1 visa application typically includes I-140 petition, letters of recommendation, awards, publications, media coverage, and other evidence of the applicant's extraordinary ability.

FAQ 5: Can my family accompany me on an O-1 visa:

Yes, O-1 visa holders may be accompanied by their spouse and unmarried children under the age of 21. Dependents can apply for O-3 visas to join the O-1 visa holder in the United States.

FAQ 6: Can I Apply for a Green Card on an O-1 Visa:

Yes, individuals holding an O-1 visa can be eligible to apply for a Green Card (permanent residency) in the United States. Transitioning from an O-1 visa to permanent residency typically requires an employer to file a petition on your behalf or allows for self-petition in certain cases. For the EB-1 category, which is based on extraordinary ability, you can file a self-petition without needing an employer to initiate the process. Alternatively, if you meet specific criteria, your employer may file a petition under the EB-2 category.

Yuliya Pashkova