O-1 Visa

The O-1 visa requires a demonstration by the beneficiary that he/she meets a threshold three regulatory criteria. In addition to being a viable alternative to H1B visa holders that are nearing the end of their six year limit, the O-1 visa is a good option for J-1 visa holders who are ineligible for an H-1B or permanent residency because of the two year home residency requirement. An O-1 is available to a previous or current J1 holder that remains subject to the two-year requirement. Although the O-1 visa is not in itself a waiver, it is compatible with a waiver which, in some instances, may be obtained for the same job or a different job while the candidate is in O-1 status. The O-1 can also be used as a vehicle to work within the U.S. while the two-year home requirement is satisfied incrementally over a number of years. The O-1 can be obtained initially for up to three years and can be indefinitely extended in either one or three year increments. The O-1 requires a job offer and an employer. The O-1 employer need not be located in an underserved area nor need the employer be an academic institution. Any employer can sponsor an O-1. There is also no requirement that the employer advertise for an O-1 position.