Who is Eligible for an O-1 Visa? Who Can Apply?

• FRONT JANUARY 14, 2025 / IN BLOGS, O1 VISA, TR

Ergül Çeliksoy, Immigration Lawyer, CK Law Firm

The O-1 visa is defined as an extraordinary talent visa offered by the United States. When we consider who qualifies for the O-1 visa, we see that while this visa is generally preferred by professionals with unique talents, other professional groups are also eligible for the US O-1 visa. With an O-1 visa, many professionals can expand their careers internationally while also gaining permanent residency in the United States. In this article, I will examine the O-1 visa and cover the following topics:

• What is an O1 Visa?
• What are the O1 Visa Professions?
• What are the Application Requirements for an O-1 Visa?
• Exceptional Talent Visa Application Process
• O1 Visa Holders and Their Advantages

Along with the topics above, I've touched on some important points to consider. Feel free to ask any questions you may have in the comments section of this blog or on our website. You can also connect with me on LinkedIn if you have any other questions.

What is an O-1 Visa?

This visa type is available to individuals with extraordinary abilities in the US, as well as Turkish citizens. Applications for this visa are subject to documentation demonstrating that the applicant is a prominent individual in their field. The O-1 visa is also divided into two separate groups, allowing each professional to apply based on their specific field.

• O1A Visa: Applies to professionals who possess extraordinary abilities in science, education, business, or athletics and whose abilities are demonstrated by awards or other documentation.
• O-1B Visa: Suitable for individuals who have achieved prominence in the arts or media. As with the O-1A visa, awards that serve as proof of talent must be submitted with the O-1B application. The O-1B visa is also commonly known as the O1 artist visa.

O-2 and O-3 visas are also considered part of the O-1 visa system. These visas are designed for individuals who will be accompanying the O-1 visa holder. For example:

• O-2 Visa: Suitable for the person or persons who will accompany the O-1 visa holder for his/her work or performance.
• O-3 Visa: Designed for the spouse and children under the age of 21 who are family members of the O-1 visa holder.

What are the O-1 Visa Professions?

The U.S. Citizenship and Immigration Services (USCIS) published new criteria and guidance regarding O-1 visa occupations in January 2025. This new update broadens the scope of the O-1 visa eligibility question and makes the application process more flexible and straightforward, particularly for those working in emerging fields. Here are the occupational groups that have been further clarified in this update:

• Critical and Emerging Technology Experts: Experts who work in fields such as artificial intelligence, biotechnology, nanotechnology, and who present important projects to these sectors.
• Startup Founders and Entrepreneurs: Entrepreneurs who offer innovative solutions and make a difference in their fields. Those with projects in the technology and finance sectors are particularly prominent. For more information, see our article, "US O-1 Visa for Startup Founders."
• Science and Technology Professionals: Researchers, scientists, engineers, and academics.
• Arts and Entertainment Workers: Painters, actors, directors, writers, and designers.
• Athletes and Coaches: Professional athletes, coaches, and sports administrators.
• Business Leaders: Business people in leadership positions in their field.

What are the Application Requirements for an O-1 Visa?

The January 2025 guidance published by USCIS further expanded the types of evidence to be considered in O-1 visa applications. Specifically, the O-1 visa requirements for professionals working in emerging technologies are as follows:

1. Applicants Can Apply Through Their Own Company: The applicant's company can now be considered a separate legal entity and submit a petition to the applicant. (For example, a startup or limited liability company you opened in the US can be considered a legal entity and submit an application to you, and the applicant's sponsor can be their own company.)
2. Providing Evidence of Emerging Technologies: Those working in emerging technologies must submit documentation demonstrating their contributions and achievements in the field. These documents include projects, patents, academic publications, or other documents demonstrating the applicant's impact on the industry.
3. Flexibility in Job Changes: It provided flexibility in job changes, which are common in the technology field, and stated that applicants can continue to use their existing visas when they receive new job offers.
4. Recognition in the Field of Expertise: Applicants must submit documentation demonstrating their prominence and recognition in their field. This documentation may include national or international awards, industry achievements, media coverage, or other evidence of professional achievement in their field.

Exceptional Talent Visa Application Process

The US O1 visa application process, with updates for January 2025, is generally as follows:

• Application through a Sponsor or Employer: The applicant's company may apply as a legal entity on its own behalf.
• Preparing Required Documents: Gathering awards, certificates, publications, and other documents that attest to the applicant's exceptional abilities.
• Contract or Agreement: An employment agreement between the candidate and the sponsoring employer.
• Submitting Form I-129: The applicant or sponsor must submit a completed Form I-129 to U.S. Citizenship and Immigration Services (USCIS).
• Approval Process: USCIS reviews the application and approves it if deemed appropriate.

While the application process may seem complex, it's not difficult at all when you gather the correct and complete documents and submit your application. It's important to ensure your documents are accurate and complete before applying. To contact us and get answers to your questions, please visit our Contact page.

O-1 Visa Holders and Their Advantages

The O-1 visa is one of the keys to working in the United States. This allows O-1 visa holders to expand their careers and gain recognition by expanding their work from a national level to an international level. However, the benefits of obtaining an O-1 visa don't end there.

The O1 visa is actually a way to apply for a Green Card. A Green Card, as is well known, offers the right to live and work in the United States indefinitely. Under these conditions, many professionals can make their lives permanent in the United States. If you have further questions or concerns, please contact us through our website. You can also connect with me privately on LinkedIn.