Patricia Casaburi
The O-1 Visa India is a non-immigrant visa for the United States that is available to individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry.
Indian nationals can become an O-1 Visa holder provided they meet the eligibility criteria. The application process can be difficult to manage, especially because of the strict criteria. But, we are here to help. The guide below offers a detailed overview of everything Indian nationals can face as first-time applicants, such as documentation, compiling all the evidence, and filling out forms.
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What is the O1 Visa for India?
The O-1 Visa is a short-term, non-immigrant visa for Indian citizens who want to go and work in the United States. Eligible applicants have extraordinary ability in the sciences, arts, education, business, or athletics, or provide proof of extraordinary achievement in the television industry or motion picture industry.
The O1 Visa is available in two subcategories: O-1A and O-1B Visa. They are designed for Indians who are impeccable in their field of work, thanks to their sustained national or international achievements. Compared to other work visas, like H-1B, the O-1 Visa doesn’t come with yearly caps or a lottery system, making it a lot more convenient for skilled applicants.
More international experts from India are choosing the O-1 Visa to work in the US. In 2020, Indians received 487 O-1A Visas, and that number grew to 1,418 in 2023. These statistics placed India as the third-highest recipient, after the UK and Brazil.
What counts as extraordinary ability or extraordinary achievement?
The USCIS (US Citizenship and Immigration Services) interpretation of extraordinary ability, whether in sciences, education, business, athletics, or the arts, must be demonstrated by sustained national or international acclaim.
This evidence plays a critical role in demonstrating your qualifications for the visa. There are several types of evidence that can support your application:
- Having a major internationally recognized award: If you have received prestigious national or international awards or honors in your field on an international level, such as a Nobel Prize, an Academy Award, or an Olympic medal, these internationally recognized prizes serve as strong evidence of your extraordinary ability.
- Memberships in labor organizations: Being a member of esteemed professional associations or organizations whose membership requires outstanding achievement related to your field can demonstrate your exceptional standing and recognition within your industry. Examples include membership in the National Academy of Sciences or the Royal Society.
- Publications and scholarly contributions: Providing evidence of your significant contributions to scholarly articles, publications, major trade publications, research papers, books, or other major media can establish your expertise and impact in your field. This may include citations of your work by other experts or references to your research in academic journals.
- Media recognition and critical acclaim: If your work has received substantial coverage in major media, such as interviews, features, or positive reviews in prominent publications or broadcast networks, it highlights your prominence and public national or international recognition. In the arts, you must showcase your outstanding achievements in the motion picture or television industry as a lead or starring participant in projects of sustained national or international acclaim.
- Evidence of work of major significance: This entails providing evidence of original scientific, scholarly, or business-related contributions of major significance in your field.
- Evidence of serving in a leading or critical capacity: This would typically entail positions in which you play or have played a key role in the performance of a company or organization.
- Evidence of high salary or remuneration: Demonstrating that you have commanded a high salary or received other significantly high remuneration for your services can further support your claim of extraordinary ability or evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation. This can be accomplished by providing employment contracts, tax records, or other official documentation.
- Other relevant evidence: This could include any other evidence of exceptional abilities or expertise that does not fit into any of the above categories. An experienced O1 Visa lawyer can compile all the necessary paperwork and evidence to boost your case.
Take a look at our ultimate guide for the O-1 Visa
O-1A And O-1B Subcategories
O-1A Visa
If you have extraordinary ability in the sciences, education, business, or athletics, the O-1A Visa is for you. This category covers professions such as researchers, scientists, professors, business executives, or professional athletes. To qualify, you must demonstrate sustained national or international acclaim and recognition in your field of expertise.
O-1B Visa
On the other hand, if you have extraordinary ability in the arts or have obtained significant recognition and a high level of achievement in the motion picture or television industry, the O-1B Visa is the appropriate subcategory for you. This includes actors, musicians, singers, dancers, directors, producers, and other artists. To be eligible, you must showcase a high level of achievement and distinction in your field, evidenced through critical acclaim, leading roles, notable performances, or awards.
Application Process for an O-1 Visa
The application process consists of several important steps that must be followed diligently. The first step is to secure a job offer or engagement from a US employer who will act as your sponsor or petitioner. This employer plays a critical role in the application process as they are responsible for filing a petition on your behalf with the USCIS (US Citizenship and Immigration Services).
The Form I-129, Petition for a Nonimmigrant Worker, filed by your employer, should include a comprehensive collection of supporting documents that demonstrate your extraordinary ability or achievement in your field. These documents are vital in substantiating your eligibility.
Examples of supporting documentation may include letters of recommendation from industry experts attesting to your exceptional skills and contributions, written contracts or agreements outlining the terms of your employment or engagement, and evidence showcasing your notable achievements or are recognized nationally. Like when your work gets published in major media outlets or professional journals.
Also, it is very important and often mandatory to obtain a written advisory opinion (or consultation letter) from an appropriate peer group, like a labor union or a management organization. If an agent files the O-1 petition, they usually need to include a detailed employment itinerary of the beneficiary. This outlines exactly what the applicant will be doing.
After the USCIS approves your I-129 petition, they will send an I-797 approval notice, which you can use to apply for the O-1 Visa stamp at the US Embassy or Consulate in India. At this stage, you will do a visa interview where officials ensure you meet all the USCIS regulations and confirm your dual intent.
O-1 Visa Application Fees
If you’re seeking a change in your status, extending your status, or applying for an O1 visa, you must submit Form I-129 to USCIS. The filing fee for Form I-129 is $1,015 for most filers, plus a $600 Asylum Program Fee.
In case your spouse and/or children are pursuing a change in status to O-3 as dependents to your O-1 or extending their O-3 status, they will be required to complete a Form I-539. The filing fee for Form I-539 is $420 for online filing or $470 for paper filing, plus $30 for biometrics.
If you are applying for an O-1 visa, both you and each of your dependents are required to file a Form DS-160 with the Department of State. The DS-160 fee is $205 for each applicant. You are not required to file a DS-160 if you are applying for a change of status or an extension of status with the United States Citizenship and Immigration Services (USCIS).
What is the processing time for an O-1 Visa application?
The O1 Visa processing time for India is typically about four to six months. To expedite the process, applicants can apply when they submit their application from inside the US for premium processing, which costs $2,805.
The advantage of premium processing is that when it is applied, the USCIS will decide within 15 calendar days of receiving the petition, which comes at a reasonable cost.
Premium processing is available for initial stages and extensions of O-1 Visa petitions filed at a USCIS service center for beneficiaries who are abroad (for consular administrative processing) or in the United States (for change of status).
How long does an O-1 Visa last?
An O-1 Visa is valid for up to three years. In some cases, the visa is granted to cover only a specific event and may be valid for a shorter temporary period.
Why work with Global Citizen Solutions?
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
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Frequently Asked Questions About O1 Visa India
Can I apply for O1 Visa from India?
Yes, you can apply for an O-1 Visa from India by submitting Form I-129 through a US-based employer or agent. After it gets approved, schedule a visa interview at a US consulate or embassy in India. You will need proof of extraordinary ability and a valid job offer from a US entity.
Who is eligible for the O-1 Visa?
People eligible for the O-1 Visa must demonstrate extraordinary ability in the sciences, arts, education, business, athletics, or extraordinary achievement in the film or television industry. This includes evidence like awards, publications, or critical roles in distinguished organizations or productions.
Can the O-1 Visa lead to a Green Card?
Are Indian citizens eligible for the O-1 Visa?
Yes, the O-1 Visa is available to Indian citizens and individuals of all nationalities, provided that they meet the extraordinary ability and provide strong evidence of international recognition and accomplishments.
Are there any specific requirements for Indian citizens?
There are no specific requirements for Indian citizens, but it is worth noting that premium processing is only available when an application is made within the US.
What is the O1 Visa priority date for India?
Since the O-1 Visa is a non-immigrant visa, it doesn’t have a priority date. If the O-1 Visa holder decides to apply for permanent residency in the United States, then the priority date will be assigned for that particular Green Card application.
What is the O1 Visa wait time for India?
The O-1 Visa wait time for India includes both USCIS processing and appointments with the US embassy or consulate abroad. The average O-1 Visa processing time for India is about four to six months, while premium processing can take 15 days. Many applicants wait two to three months for a consulate interview, especially in major consulates like Chennai and Mumbai.
Can I stamp my O-1 Visa in the USA?
You cannot stamp your O-1 Visa inside the USA. Visa stamping must occur at a US embassy or consulate outside the country. While you can change status within the US through USCIS approval, actual visa stamping requires travel abroad, typically to your home country, like India, or a third nation.
