O1 Visa for an Indian Citizen

Firstly what is an O1 Visa?

This is a visa for Individuals with Extraordinary Ability or Achievement. The official description and all the rules related to this visa category as per USCIS can be found here.

Under O1 there are 2 categories

• O-1A:  Individuals with an extraordinary ability in the sciences, education, business, or athletics. This is what I qualify under.
• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.

When I first heard the term ‘extraordinary ability’, my reaction was – “Ok I definitely won’t get this, what are my other options”. If you are thinking on similar lines, it is not as difficult as you may think.

The basic idea of this visa is for USA to encourage businessmen & artists to help create employment & further help their economy. To prove this you need to establish certain credentials of having done this in past.

This blog covers only what I know about the O-1A visa and its application process.

How to get started

These are some of the questions you need to ask yourself:

1. Have you built a company of significant value (value can be showcased via revenues, profit, fund raise, acquisition or maybe IPO)?
2. Have you been invited at events of repute to speak and address an audience?
3. Have you been a judge for competitions or events of repute?
4. Do you have any US patents or inventions that you can claim?
5. Do you have significant press coverage for your achievements?
6. Have you published papers in international or other famous journals?
7. Do you a command a very high salary in your domain (top 1% percent)?
8. Member of some organization that restricts membership based on certain high achievements?

Now though these may seem daunting, as founder who has raised venture capital (multiple times), successfully sold a startup (and hence happened to get press coverage) I managed to check many boxes.

To make it easy for you, I have attached my application form that describes my abilities and achievements. You can refer the sheet here – Note the idea is not to check all boxes, but as the document mentions you must have at least 3 and more the better.

Also one of the most important factors is reference letters that you can produce to support your case (details again in document shared above)

Lawyers and their role

1. You need to connect with a lawyer that will present your case to USCIS (I worked with Global Talent Immigration Law Group )
2. The law firm does an initial assessment and lets you know upfront what they think are your chances. (A good law firm will not accept your application if they think your profile is not strong enough for this visa class)
3. They do bulk of the paperwork from here. They prepare your entire case file and also prepare the letters for your references.
4. A critical aspect that the lawyers handle is writing excellent reference letters that describe your achievements and work. When I read the final copies, it made me think is this really me 😀 (and this is what you pay for!)

The actual process

1. The lawyers in USA take anywhere from 30-45days (minimum) to prepare your file.
2. Once your file is ready, you review + sign same and share all the original reference letters.
3. You can submit your application under premium processing or regular process.
4. Premium process is recommended as it has a guaranteed timeline (~15days) for approval or rejection, where as the regular process can take 2-3 months or more. Premium processing expectedly costs more.
5. What I am told is that applications are usually not rejected, they usually ask your for more evidence / papers before rejecting/approving your visa.
6. Once you receive your approval, you need to apply for finger printing and VISA interview at your local consulate (in Mumbai, India for me).
7. If the visa officer at your local consulate approves your case, you get the VISA stamped and then done! The interview at the local consulate is usually a formality, they ask you basic questions about your case and verify what you have stated is true.

Other points and tips

• What is the validity of the visa and does your immediate family also get this visa?
  Visa is issued for a maximum period of 3yrs & your family (spouse + kids) can apply for dependent visa under same class. They cannot work in USA with this visa.
• Tips to select a good law firm to represent your case
  I was told it is recommended to work with a local (American law firm) vs Indian origin law firms as they understand the process better. I dont know if this is true, as I didn’t try this option. Second, as I mentioned above a firm will let you know upfront what they think about your profile.
• How is O1 visa different from your regular B1/B2 visa?
  O1 is essentially a work visa. You can be legally employed and draw salary in USA. You and your family get social security and other local employment benefits. Employment under B1/B2 is illegal.
• Does this help you get green card faster?
  I have been told so, but not aware of this yet. Most people apply for extensions (which I am told is given, if you have worked and contributed as mentioned in your application in your previous 3yrs). I personally dont intend to apply or stay long term in USA.
• How much does it cost?
  Fees vary by law firms. For me it costed a total of $8000 (including the premium processing fee and application fee paid to USCIS)
• Do I need to show employment offer from a US company?
  Yes, since you intend to work there. Since I plan to work in Los Angeles, I got my USA company to offer me an employment contract (approved by board) and I will work under those employment terms in USA.
• What other visa options did I explore?
  L1 and H1B. L1 I was told is a company transfer visa and usually works well for mid sized companies (50+). H1B is expensive (company sponsored) and also via lucky draw. Hence given the timeline and nature of our startup, O1 was the best fit.
  

Finally please note this is NOT a legal advice. All information provided above is for reference only and should not be taken as formal legal advice. Pls do NOT ask me questions about your profile, it is best left to a lawyer to review the same.