O-1 Visas and EB-1 Green Cards for Business Professionals and Entrepreneurs

Figure out if you can qualify for an O-1 extraordinary ability visa or an EB-1 green card by answering these questions. Plus, tips to help you meet the criteria.

What do you do best in your field?

Provide evidence of achievements that point to exceptional talent, skill, or method. Simply owning or working for a great company is not enough on its own to prove extraordinary ability. (Playing a critical factor in your company winning an award, achievement, achievement, or patent can sometimes qualify.)

How have you been recognized for your skill in your field?

There are several ways you can show evidence for recognition as a businessperson. You must be able to provide evidence of at least three of these of the following:

• A national or international award that recognizes your contribution or achievements;
• Membership of an association or organization that requires outstanding achievement judged by recognized experts in the field;
• Featured work in major media or trade publications;
• Being appointed a judge of the work of others in your area;
• Published articles in scholarly journals;
• Original business contributions of major significance in your commercial field;
• Serving in a leading or critical role in a highly regarded organization;
• Having a high salary.

Under an O-1 visa, can I work for my own company or consult elsewhere?

Yes, there are options. One possibility is to apply for an agent-based O-1 visa to enable the visa holder to subcontract or consult third parties.

Is it enough to show letters from influential people?

In short, no. Letters of recommendation carry no value on their own but may be helpful if they refer to other more solid evidence.

What kind of evidence is insufficient for an O-1 or EB-1 application?

Many common types of evidence fail to carry weight, including local press, membership of organizations that do not set a barrier for entry other than paying the membership fee, student awards, regional awards, and internal company awards.

Most Common O-1 Visa Forms and Their Associated Cost

• Form I-129, Petition for a Nonimmigrant Worker: This is the main petition form that must be filed by the employer or agent of the O-1 visa applicant. The filing fee for this form is $460.
• Form I-797, Notice of Action: This form is used to notify the O-1 visa applicant of the decision on their petition.
• Form DS-160, Nonimmigrant Visa Application: This form is used to apply for a nonimmigrant visa, such as the O-1 visa. The filing fee for this form is $160.
• Form I-94, Arrival/Departure Record: This form is used to track the arrival and departure of nonimmigrant visa holders, including O-1 visa holders

The cost of the O-1 visa application can vary depending on the specific circumstances of the applicant. However, the total cost is typically around $1,000, including the filing fees for the forms and the cost of the visa interview.