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Last Updated On: January 25, 2024 | Published On: September 4, 2022
If you qualify as a foreign worker with extraordinary achievements, then there’s a good chance you want to know everything there is to know about your prestigious visa including how long it will take. While the official O-1 visa processing time is relatively short, there are some other things to take into consideration when planning out the timeline.
The most recent processing time for an O-1 visa is anywhere from 3 weeks to 4 months. These are the timeframes for the entire application process, including waiting times for I-129, consular processing, DS-160, and attending the interview.
Overall, the O-1 visa processing time is relatively short when compared to other U.S. visas. There’s no need to wait for a Labor Certification Application nor are there specific dates that one must adhere to. The following is the breakdown and the estimated processing time for each stage of the O-1 visa application:
The I-129 can take anywhere from 2-3 months, depending on the service center that processes your petition. The fact that there is no Labor Certification Application makes the O-1 visa processing time relatively shorter than some other nonimmigrant visas like the H-1B. The I-129 form must be filed with the USCIS at least 45 days before your intended start date for employment. After reviewing your petition, the USCIS will make a decision on it. If the petition is approved, then you can proceed to the next stage.
Once you have an employer who is ready and eligible to sponsor your visa, the employer will file I-129 Petition for Nonimmigrant Workers with the USCIS. The petition must be submitted together with evidence to prove you meet the requirements for the specific subcategory of O-1 visa you are applying for.
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Once the I-129 form is approved, you (the beneficiary employee) can begin the visa application from your country of residence. The estimated time range across different embassies or consulates varies widely. Depending on the workload at the embassy and your level of preparedness in booking and attending your appointments, the overall consular processing time can take a few weeks. However, the following is the timeline for O-1 visa consular processing:
DS-160 usually takes around 3 weeks to process. You will need to file a DS-160 Online Nonimmigrant Visa Application and pay the required visa fee. The supporting documents and filing fees for consular processing will depend on each applicant’s country of origin and specific visa category. Ensure that you complete the form based on the instructions on the embassy website. After completing the application form, you will get a confirmation page with a barcode, which you will need to book and attend your appointments.
Generally, you can schedule an appointment anywhere between 2 – 3 weeks, depending on your location. After completing the application form, the embassy will send you a notice indicating how to schedule your nonimmigrant visa appointments and the required documents needed to book and attend the appointments. These appointments include an in-person interview and medical exam. Note that the USCIS has waived the interview requirement for O-1 visas until the end of 2022. This interview waiver may be extended further.
Keep in mind that a visa interview is compulsory for all applicants older than 13 and younger than 80. So, you are to schedule an interview for yourself and all your dependents (if any) within the specified age range. After scheduling the interview, you will receive a notice from the embassy detailing the date, time, and venue for the interview. Apart from certain country-specific items, you will need to attend the interview with the following O-1 visa-related documents:
The whole interview process could take anywhere from 1 – 2 hours, this includes waiting at the embassy and the interview itself. Ensure that you attend the visa interview as scheduled and answer the questions truthfully and correctly. While there are several steps leading to the visa interview which is the last stage of the application, fortunately, the interview itself can take as little as 20 minutes. After the visa interview, you will most likely receive a decision on your application. If the embassy grants you a visa, you can begin your travel plans and enter the United States to start working for your employer.
If 3-4 months is too long of a time to wait for your petition to be processed, the USCIS has an optional feature to expedite the O-1 visa processing time. With premium processing, those 3-4 months will be shortened to 15 calendar days for a fee of $2,500.
So, when you add it together, the O-1 visa processing time is anywhere between 3 weeks and 4 months depending on whether you go through an interview or if you opt for premium processing.
Yes. If you are already in the United States, you may change from another nonimmigrant visa to O-1 status. However, this will depend on the current valid status you are in. For instance, a J-1 holder subject to the two-year home-country physical presence requirement may not be able to change to O-1 status.
The change of status option is also not available if you entered the United States without inspection or have overstayed your visa under your authorized status. For a better understanding of how this applies to your specific case, you will need to consult your immigration attorney for more guidance.
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Yes, you may change employers while on an O-1 visa. However, you cannot transfer the existing O-1 status sponsored by the old employer to another employer. The new employer will have to file another O-1 petition on your behalf. Fortunately, the change of employer application process is not as lengthy and cumbersome compared to the original application. This is often due to the fact that you have already qualified for an O-1 visa in the past and have proven your extraordinary achievements.
No, there are no travel restrictions on an O-1 visa. You can travel in and out of the U.S. while on O-1 status. However, you must take all the necessary precautions required for leaving and reentering the United States. This includes carrying your I-129 petition, I-797 approval notice, valid passport, and other proof that you are maintaining valid O-1 status.
O-1 visas are initially granted for an initial period of three years. After that, you will need to get an extension on your visa in intervals of one year each. Fortunately, there is no limit to the number of extensions you can receive. Getting an O-1 visa renewal or extension can be obtained by fulfilling these requirements:
The O-1 visa renewal processing time should take about as much time as your original visa and can be expedited through premium processing.
It is important to remember that just because your original O-1 visa was granted, this does not mean that your renewal or extension will be approved.
You will need to apply for your O-1 visa extension as early as possible. The USCIS recommends that the application for nonimmigrant visa extension be submitted at least 45 days before the expiration of your authorized stay. Early application will help guard against having your status expire while the extension is still pending.
If your application is approved, the USCIS will send you a second I-94 form indicating the extended authorized stay in the U.S. Do not dispose of the initial I-94 form issued to you, as you will still need to submit all the I-94 forms issued to you when you want to leave the United States.
However, it is also important not to apply for an extension too soon after entering the United States. Submitting your O-1 visa extension application too early may cause suspicion that you had planned to stay longer than the authorized initial period of stay. This may raise red flags with your application. Therefore it is often advisable to spend at least three months in the United States before applying for an extension.
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Fortunately, the O-1 visa is considered to be a “dual intent” visa, meaning that O-1 holders can pursue legal permanent residency through a green card. For most O-1 applicants, the likely green card choice is the EB-1. This is because the requirements for the EB-1 are strikingly similar to those for the O-1.
Luckily, the O-1 visa processing time to an EB-1 is also relatively short when compared to other green card transitions. If you are an O-1 holder, here are some of the options available to you:
To move from the nonimmigrant O-1 visa to the EB-1 green card, you or your employer must file an I-140 petition with the USCIS. Once the petition is received, that date becomes your priority date. You can only move on to the next step when your priority date is current.
Fortunately, while other employment-based green cards have waiting times of several years, all priority dates are current in the EB-1 category. This means that you can apply to adjust your status as soon as the I-140 petition is approved, which should take about 6-8 months without premium processing.
When your petition is approved, you can submit an I-485 form to have your status adjusted. This should also take about 6 months and premium processing is not available for this form.
All told, the O-1 visa to green card processing time should take about one year without premium processing.
The O-1 visa is one of the most difficult visas to obtain. In order to be considered eligible, you must fall into one of the following categories:
Because the exact definition of extraordinary can easily be up for debate, the USCIS defines it as this: “demonstrating a level of expertise or distinction indicating that the person is one of a small percentage who has risen to the very top of the field of endeavor.”
This is still a general definition that is difficult to put into legal terms. Therefore the USCIS has also provided us with a list of things that qualify as appropriate evidence for your extraordinary ability.
For the O-1A visa, you must be able to produce a renowned international award like a Nobel Prize or have evidence of three of the following items:
In order to be considered for the O-1B visa, you need to show that you have received an international award such as the Emmy award or the Oscar. In lieu of this, you can submit evidence of at least three of the following items:
These lists, while strict, are not necessarily exhaustive. If you believe that you have evidence that would be suitable to submit to the USCIS, bring it to your immigration attorney to determine if it suffices.
In order to understand the O-1 visa processing time, we first need to walk through each step in the application process and determine how long each will take.
The first step is to submit an I-129 petition. In most situations, you will need to have your employer or agent file this petition. If you do not have an employer, speak with your immigration attorney to see if self-petitioning is an option.
Along with your petition, you will need to submit:
This all should be submitted along with the petition between 45 days and one year before your work in the U.S. begins. Once the I-129 petition is approved, you may be asked to go to a U.S. consulate or embassy for a one-on-one interview. Even if the petition is approved, the immigration officer at the embassy still has the ability to deny the visa.
With an immigration issue as particular and delicate as the O-1 visa, it pays to be prepared. The best way to make sure that your evidence is solid and your case is waterproof will be to hire an immigration attorney to handle the specifics. From analyzing the O-1 processing time to making sure that your case is supported by the best evidence, a qualified attorney is invaluable to O-1 applicants.
VisaNation Law Group lawyers have helped countless extraordinary individuals obtain their O-1 visas over the years. Retaining an attorney will ensure that your case is in the right hands.
To get in touch with a VisaNation Law Group attorney, complete this contact form and schedule a consultation with our office today.
Tags: O-1 Visa, Premium Processing, Processing Time
