Understanding the O-1 Visa for Scientists & Researchers

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O-1 Visa for Scientists & Researchers

The O-1 visa is a nonimmigrant temporary visa reserved for individuals who have demonstrated extraordinary abilities or achievements in science, education, athletics, or business. O-1 visas are initially granted for up to three years but can be extended in single-year increments if the individual continues to work for the same employer.  

Who’s Eligible to Apply for an O-1 Visa?

Scientists and researchers eligible for an O-1 visa must be able to show that they’ve received a major internationally recognized award (like the Nobel or Pulitzer Prize) or present evidence from at least three of the following categories:

  • Receipt of a nationally or internationally recognized award for excellence in their field
  • Exclusive membership in an organization that requires extraordinary achievements or abilities to enter
  • Field-relevant published material in a professional or major trade publication 
  • Scientific, scholarly, or business-related contributions of major significance in their field
  • Scholarly articles that they’ve written in their field
  • Participation on a panel or as an individual judging the work of others in their field
  • Commercial success or a large salary
  • Proven history of holding critical positions in reputable organizations in their field
  • Letters of recommendation from at least five prominent colleagues outlining the individual’s contribution to their field

This is not an exhaustive list, and the USCIS may be willing to take comparative evidence into account if it demonstrates the individual’s extraordinary ability. However, if you don’t meet any of the above criteria, it’s highly recommended to work with an experienced immigration lawyer to ensure your evidence qualifies. 

How Long is the Processing Time for an O-1 Visa?

Typically, the O-1 processing time is relatively short. However, if you would like to apply for an O-1 visa, have your employer file Form I-129, Petition for a Nonimmigrant Worker with the USCIS, along with evidence of your extraordinary ability. The I-129 generally takes around six months to process, although this timeframe can vary depending on the visa center processing your petition. If you’re currently in the United States and hold a different type of visa, your status will be changed to an O-1 visa as soon as it’s approved. 

You’ll need to go through consular processing if you’re abroad when the petition is submitted. It will involve an appointment with the U.S. consulate or embassy in your home country and an interview with a consular officer. Depending on how busy the embassy or consulate is, it can take anywhere from a few weeks to several months to get an appointment. 

If you’d like to speed up the processing time, premium processing is available. You can have your petition processed within 15 calendar days for an additional fee. However, the premium processing doesn’t affect whether your case will be approved; it’s only intended to help speed up the processing time for your petition.

How to File an O-1 Visa Extension

Once the petition is approved, you’ll initially be allowed to stay in the U.S. for up to 3 years. However, unlike other types of visas, you may extend your stay indefinitely in 1-year increments. To do this, you’ll need to provide proof that your work requires additional time to complete. To receive an extension, your employer will need to file another I-129 petition, your I-94 arrival/departure card, and a letter explaining why you need to stay in the U.S. for a longer time. 

Can O-1 Visa Holders Receive a Green Card?

The O-1 visa is considered a “dual intent” visa, meaning O-1 visa holders won’t be penalized for applying for an EB-1A Green Card while in the U.S. with a nonimmigrant visa. However, if you’d like to pursue a green card, you’ll need to prove your intent to stay in the U.S. permanently and apply to change your status. 

There are several reasons why you might consider applying for a Green Card:

  • The three-year threshold can limit the availability of career options, as opposed to holding a Green Card status, which some employers may prefer. 
  • Re-entering the U.S. with an O-1 visa may also not be as straightforward as when you entered initially. 
  • However, you won’t be subject to the O-1 visa extension process if you have a Green Card. You’ll also enjoy benefits such as access to education and home financing and will eventually be eligible to naturalize as a U.S. citizen. 

Applying for an EB-1A Green Card

To apply for a Green Card, you can have your employer file a petition on your behalf or self-petition. The first step will be to file Form I-140, Immigrant Petition for Alien Worker with USCIS, and a statement on why you’re qualified and eligible to receive an EB-1A Green Card. In addition, you’ll also need to include evidence that you meet the initial O-1 eligibility requirements and the Final Merits Determination assessing your status as one of the most accomplished people in your field. Finally, you’ll also need to show that your work will substantially benefit the United States.

It’s important to note that holding an O-1 visa status will not guarantee that your EB-1A application will be approved since the petition will be assessed on its merit, independently from your O-1 visa petition. Due to this, it’s essential to make sure your Green Card application is comprehensive and provides compelling evidence that supports your case and eligibility, including but not limited to:

  • Records of achievements that show how you meet the extraordinary ability standard in your field through sustained international or national acclaim
  • How has your work benefited the United States

After the approval of Form I-140, your priority date will become current. After that, you’ll need to file Form I-485, Application to Register Permanent Resident or Adjust Status with USCIS while in the United States, to convert or adjust your status from O-1 to EB-1A. When petitioning from within the United States, you’ll also receive a separate travel and employment authorization during the adjudication. However, unlike when you initially applied for the O-1 visa or the extension process, you won’t be required to have a sponsor, nor is there a requirement to receive a PERM Labor Certification.

If you do have an employer sponsoring your petition, they’ll be required to show the following: 

  • They’ve made every attempt to hire a U.S. citizen
  • You qualify for an immigrant visa
  • The company has acquired an approved labor certification from the Department of Labor

When applying for an EB-1A Green Card from abroad, you’ll need to submit Form DS-260 Immigrant Visa Electronic Application to a U.S. consular office before attending an interview at your home country’s U.S. consulate or embassy. 

Get Assistance with Your O-1 Visa or EB-1A Green Card

Whether you’re an O-1 sponsor, potential beneficiary, or a scientist or researcher who already holds an O-1 visa and would like to petition for a Green Card, working with an experienced immigration lawyer can make a significant difference in the outcomes of your case. Immigration law is complex, and mistakes on the application or poorly supported arguments can lead to delays or even result in your case getting denied. Ranchod Law Group has helped many scientists and researchers of extraordinary ability live and work in the U.S. To schedule a consultation, please contact us at (916) 613-3553 or email us at info@ranchodlaw.com.