How to Apply for an O-1 Visa? Who is Eligible for an O-1 Visa?

• FRONT JANUARY 15, 2025 / IN BLOGS, O1 VISA, TR

Asım Kılınç, Immigration Lawyer, CK Law Firm

The US O-1 visa opens a door for exceptionally talented Turks seeking a career in the US. Whether you're a groundbreaking academic or an innovative artist, applying for an O-1 visa can pave the way for work in the US. In today's article, I'll cover the US O-1 visa application period, O1 visa requirements, and the following topics:

• What is an O-1 US Visa?
• What are the O-1 Visa Application Criteria?
• Who Can Obtain an O-1 Visa?
• How to Get an O-1 Visa?

I'll explain these topics using the topics mentioned above. However, if you have any questions beyond these topics or have any concerns, please don't hesitate to ask. Feel free to contact me via the comments section of this blog or on CK Law Firm's official website. You can also contact me privately via LinkedIn. Enjoy reading.

What is an O-1 US Visa?

For individuals who make a difference with their extraordinary talents, the O1 visa is a ticket to work and live in the United States. Those who have achieved national or international success in fields such as science, the arts, business, entertainment, and sports can pursue professional activities in the United States with an O1 visa.

The O-1 visa is divided into two categories, allowing individuals of exceptional ability to apply in their respective fields. These categories are:

• O-1A Visa: Covers individuals with extraordinary abilities in the fields of science, education, business, and athletics.
• O-1B Visa: O1 artist visa that successful individuals in the arts and entertainment industry can apply for.

The O-1 visa allows professionals to continue working in the United States under the sponsorship of an employer. However, this visa is initially valid for three years. Afterward, O-1 visa holders can renew their visas annually for an unlimited period.

What are the O-1 Visa Application Criteria?

The O-1 visa application criteria, published by USCIS (U.S. Citizenship and Immigration Services), consist of eight main requirements that require applicants to demonstrate extraordinary abilities in their field. Individuals who meet at least three of these criteria are eligible to apply for an O-1 visa. Here are the USCIS O-1 visa criteria:

1. To receive an important award at national or international level.
2. Having made pioneering publications or studies in the field.
3. Having their work cited by prestigious organizations.
4. Having work in the field that pays high salaries or wages.
5. To be in a leading position in an important institution related to the field.
6. To take part in refereeing or evaluation committees related to the field.
7. Becoming a member of organizations that are prominent in their field.
8. To present works that demonstrate commercial success or creativity in their field.

Individuals who meet at least three of these criteria have a good chance of receiving a positive result in their O1 visa application. Complete and accurate documentation is crucial for successfully influencing O1 visa results. You can visit our Blogs page to review the latest posts in our Blogs section.

Who Can Obtain an O-1 Visa?

Professionals who meet at least three of the criteria published by USCIS can obtain an O-1 visa with accurate and complete documentation. However, if we examine the professional groups in detail, I can explain it as follows:

• Scientists and Academicians: Experts who have published articles at the national or international level, hold leadership positions in research, and have won prestigious awards may be eligible for an O-1 visa.
• Artists and Directors: Those who have demonstrated outstanding performance in the arts and entertainment industry and have works recognized on national or international platforms generally have positive O-1 visa applications.
• Athletes: Professional athletes who have won national or international competitions can apply for an O-1 visa by documenting their achievements. Furthermore, participating in prestigious sporting events like the Olympics can increase their chances of visa approval.
• Entrepreneurs and Business Leaders: Entrepreneurs and leaders who have made a difference in their fields by developing innovative projects are eligible to apply for an O-1 visa. They may present proof of their success with business achievements, investments, or industry awards.

All applicants, except entrepreneurs, must be sponsored by an employer for the O-1 visa. The sponsor forms the basis of the application by completing the required I-129 form. With the new regulation, entrepreneurs, namely the founders of startups and companies in the US, can apply by presenting their own companies as legal entities.

Can Entrepreneurs Obtain an O-1 Visa?

Yes, it is possible to obtain an O-1 visa for entrepreneurs, and this has been further clarified with the latest update from USCIS in January 2025. According to USCIS's new criteria, the key factors considered in the application are:

• Innovative projects are recognized internationally or referenced by prestigious publications.
• Awards received or commercial successes achieved in the industry.
• To ensure that investments are received and used effectively.

Entrepreneurs or startup founders who document their achievements in their applications increase their chances of obtaining an O-1 visa. This can also pave the way for future EB-1 visa applications, as the O-1 visa is not directly applicable to a Green Card application. Therefore, O-1 visa holders can make their lives in the US permanent with an EB-1 visa after meeting the required criteria. You can access our blog post, "US O-1 Visa for Startup Founders," where we examine entrepreneurs in more detail.

How to Get an O-1 Visa?

The O-1 visa has a high chance of approval when certain steps of the process are followed carefully. Here are some steps to consider:

• What is Required for the O-1 Visa Application? Applicants must submit complete documentation documenting their achievements in their field.
• Where to Apply for an O-1 Visa? Applications are submitted through the U.S. Citizenship and Immigration Services (USCIS). The petition submitted by the sponsoring employer forms the basis for the O-1 visa.
• What is a Sponsored Petition? A U.S. employer or agency must sponsor the applicant to work in the U.S. The basis for the application is Form I-129, completed by the sponsor.
• What to Do After USCIS Approval? After receiving USCIS approval, an appointment is made at the US consulate and a visa interview is held.

Required Documents for O-1 Visa

The required documents for an O-1 visa must include documents that demonstrate the applicant's achievements in their field, i.e., their extraordinary abilities. These include:

1. Passport and identification information
2. Awards and publications supporting achievements in the field
3. Sponsor petition and reference letters
4. Detailed information about the job or project in the USA

Each application may require additional documentation to support it individually. If you have questions about the application documents in your area, you can contact us through CK Law Firm's official website. You can also reach me on LinkedIn for specific questions or one-on-one meetings.