Asım Kılınç, Immigration Attorney, CK Law Firm

O-1 Visa for Exceptional Talent offers a valuable opportunity for professionals with extraordinary abilities to build a career in the United States. Whether you are an academic making groundbreaking discoveries or an artist creating innovative works, applying for an O-1 Visa for Exceptional Talent can open the door to legally work and live in the U.S. In this blog, I’ll provide key insights into the O-1 Visa for Exceptional Talent application process, eligibility criteria, and required documentation.

Here’s a quick overview of the main topics covered:

• Understanding the O-1 Visa
• Eligibility Requirements for the O-1 Visa
• Who is Eligible for the O-1 Visa?
• Step-by-Step Guide to Applying for the O-1 Visa

I’ll explain these topics in detail to help you better understand the process. If you have additional questions or concerns, feel free to reach out. You can contact us through the comments section of this blog or via the CK Law Firm website Additionally, you’re welcome to connect with me directly on LinkedIn for further discussion. Enjoy your reading!

Understanding the O-1 Visa

The O-1 visa is designed for individuals who have demonstrated extraordinary abilities in fields such as science, arts, business, education, athletics, and entertainment. It allows qualified professionals to live and work in the United States under the sponsorship of a U.S. employer.

The O-1 visa is divided into two main categories based on the applicant’s field:

• O-1A Visa: Covers individuals with extraordinary abilities in science, education, business, and athletics.
• O-1B Visa: Designed for artists and professionals in the entertainment industry who have significant achievements.

Initially, the O-1 visa is granted for up to 3 years. After this period, it can be extended in 1-year increments as long as the applicant continues their professional activities in the U.S.

Eligibility Requirements for the O-1 Visa

According to USCIS (United States Citizenship and Immigration Services), applicants must meet at least three out of eight key criteria to qualify for the O-1 visa. These criteria assess the applicant’s extraordinary achievements and recognition on a national or international level:

1. Receipt of a major national or international award of significant importance.
2. Publication of groundbreaking work or studies in the respective field.
3. Citations or references by prestigious organizations.
4. Earning a high salary or remuneration compared to peers in the field.
5. Holding a leading or critical role in a distinguished organization.
6. Serving as a judge or member of a review panel evaluating the work of others.
7. Membership in organizations that require outstanding achievements for entry.
8. Demonstration of commercial success or creativity through significant contributions or works.

Meeting at least three of these criteria, along with submitting comprehensive documentation, increases the likelihood of a successful O-1 visa application.Properly prepared evidence can significantly enhance the success of the O1 visa application.

Who is Eligible for the O-1 Visa?

Professionals from various fields can apply for the O-1 visa if they meet the eligibility criteria. Here’s a breakdown of key applicant categories:

• Scientists and Academics: Individuals with significant publications, research leadership roles, or prestigious awards.
• Artists and Directors: Professionals with recognized works or performances on national or international platforms.
• Athletes: Professionals who have excelled in national leagues or international competitions, including events like the Olympics.
• Entrepreneurs and Business Leaders: Innovators with successful projects, investments, or industry recognition.

All applicants, except entrepreneurs, must have a U.S. employer sponsor their application by submitting Form I-129. Entrepreneurs and startup founders can apply by registering their companies as legal entities, allowing them to act as both the petitioner and beneficiary.. This allows them to act as both the petitioner and the beneficiary for their O-1 visa application.

Can Entrepreneurs Apply for an O-1 Visa?

Yes, entrepreneurs can apply for an O-1 visa, and recent USCIS updates in January 2025 have clarified the process further. Evaluators review applications based on key factors, including:

• Prestigious publications often reference innovative projects that gain acceptance on an international scale.
• Industry recognition through awards or demonstrated commercial success.
• Securing investments and effectively utilizing those investments to drive business growth.

Entrepreneurs with strong evidence of their achievements are more likely to succeed in obtaining an O-1 visa. Additionally, this visa can be a stepping stone toward applying for an EB-1 visa, which provides a pathway to permanent residency (Green Card).y for the EB-1 visa to secure permanent residency in the U.S. For more in-depth information, check out our detailed blog post under the title “O-1 Visa for Startup Founders in the U.S.“

Step-by-Step Guide to Applying for the O-1 Visa

Applying for an O-1 visa involves several crucial steps:

1. Gather Required Documents: Applicants must collect detailed documentation showcasing their extraordinary achievements, such as awards, publications, and reference letters.
2. Submit a Petition through USCIS: A U.S.-based employer or authorized agent must file Form I-129 to initiate the O-1 visa process.
3. USCIS Approval: Once the petition is approved, the applicant can proceed to schedule an appointment at the U.S. embassy or consulate for a visa interview.
4. Attend a Visa Interview: During the interview, the consular officer will review the applicant’s credentials and make the final decision.

Required Documents for an O-1 Visa

To strengthen an O-1 visa application, applicants should provide the following documents:

• Passport and identification details
• Certificates and documentation of awards or published works
• Sponsorship petition (Form I-129) and reference letters
• Detailed information about the job or project in the U.S.

Each application may require additional documents depending on the applicant’s specific field and circumstances. If you have questions regarding the documents required for your O-1 Visa application, feel free to contact us through the CK Law Firm website. For more personalized inquiries or to arrange a one-on-one discussion, you can also reach out to me directly on LinkedIn.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The O-1 visa, known as the extraordinary ability visa offered by the United States, is typically preferred by professionals with unique talents but is also suitable for various occupational groups. To qualify, applicants must meet specific O-1 visa criteria by providing evidence of their exceptional abilities. With this visa, many professionals can elevate their careers to an international level and potentially transition to permanent residency in the U.S. In this article, I will cover key topics related to the application process and eligibility requirements.

• What Is the O-1 Visa?
• Which Professions Qualify for the O-1 Visa?
• What Are the Eligibility Requirements for the O-1 Visa?
• Application Process for the Extraordinary Ability Visa
• Benefits and Opportunities for O-1 Visa Holders

Along with the topics listed above, I will also highlight key points you should pay attention to during the application process. If you have any further questions beyond the subjects covered here, feel free to leave a comment on this blog or contact us via our website. Additionally, for inquiries on other topics, you can reach out to me directly on LinkedIn.

What Is the O-1 Visa?

The O 1 visa is a U.S. visa category designed for individuals with extraordinary abilities in their field. Applicants must provide strong evidence demonstrating that they have achieved significant recognition or distinction in their area of expertise. Additionally, the O-1 visa is divided into two separate categories, allowing professionals from various industries to apply based on their specific qualifications.

• O-1A Visa: This category covers experts with extraordinary abilities in science, education, business, or athletics, who can prove their achievements through awards or other forms of recognition.
• O-1B Visa: Suitable for individuals distinguished in the fields of arts or media, the O-1B visa requires applicants to provide evidence of their talents, similar to the O-1A visa. Awards or other notable achievements must be presented as part of the application. The O-1B visa is also widely known as the O-1 artist visa.

O-2 and O-3 Visas: These visas are considered part of the O-1 visa category and are designed for individuals accompanying an O-1 visa holder. For example:

• O-2 Visa: This visa is intended for individuals who will assist or accompany the O-1 visa holder in their work or performance.
• O-3 Visa: This visa is designed for family members of the O-1 visa holder, including their spouse and children under the age of 21.

Which Professions Qualify for the O-1 Visa?

In January 2025, the U.S. Citizenship and Immigration Services (USCIS) released new guidelines and criteria regarding O-1 visa occupations. These updates broaden the answer to the question “Who is eligible for an O-1 visa?” and make the application process more flexible and clearer, especially for individuals working in emerging fields. Below are the occupational groups more explicitly defined in this update:

• Experts in Critical and Emerging Technologies: Professionals working in fields such as artificial intelligence, biotechnology, and nanotechnology, as well as those contributing significant projects to these sectors.
• Startup Founders and Entrepreneurs: Individuals offering innovative solutions and making a difference in their fields, particularly those with projects in the technology and finance sectors. For more details, you can check out our article titled “O-1 Visa for Startup Founders in the U.S.”
• Science and Technology Professionals: Researchers, scientists, engineers, and academics who have made notable contributions in their areas.
• Art and Entertainment Industry Workers: This includes painters, actors, directors, writers, and designers.
• Athletes and Coaches: Professional athletes, coaches, and sports managers who have demonstrated excellence in their fields.
• Business Leaders: Executives and business professionals holding leadership positions in their industries.

What Are the Eligibility Requirements for the O-1 Visa?

USCIS expanded the types of evidence considered for O-1 visa applications in the January 2025 guidelines. This update particularly benefits experts working in emerging technologies. The specific O-1 visa criteria for professionals in these fields are as follows:

1. Applying Through One’s Own Company: Applicants can now use their own company as a separate legal entity to file the petition on their behalf. For example, a startup or limited liability company (LLC) established in the U.S. can act as a legal entity and sponsor the applicant by submitting the required petition.
2. Providing Evidence in Emerging Technologies: Professionals working in emerging technologies must provide documentation that demonstrates their contributions and achievements in the field. This includes presenting evidence such as projects, patents, academic publications, or other documents showcasing the applicant’s impact in the sector.
3. Flexibility in Job Changes: The new guidelines offer flexibility for professionals frequently changing roles within the technology sector. Applicants can continue using their existing O-1 visa even when they receive new job offers, provided they meet the required conditions.
4. Recognition in the Field: Applicants need to demonstrate their recognition and distinction in their field of expertise. They can support this by providing evidence such as national or international awards. Industry achievements, media coverage, or other documentation of professional success can also be included.

Application Process for the Extraordinary Ability Visa

The U.S. O-1 visa application process, following the January 2025 updates, generally involves the following O-1 visa requirements:

• Application Through a Sponsor or Employer: The applicant’s own company can serve as a legal entity. It can submit the petition on behalf of the applicant.

• Preparing the Required Documents: Collect awards, certifications, publications, and other evidence that demonstrate the applicant’s extraordinary abilities.

• Contract or Agreement: A job contract between the applicant and the sponsoring employer must be provided.

• Submission of Form I-129: The applicant or sponsor must complete and submit Form I-129 to U.S. Citizenship and Immigration Services (USCIS).

• Approval Process: USCIS reviews the application, and if deemed eligible, grants approval.

Although the application process may seem complex, it becomes manageable with accurate and complete documentation. The key is ensuring that your documents are correct and complete before submission. Feel free to contact us for assistance at any stage of the process.

Benefits and Opportunities for O-1 Visa Holders

The O-1 visa is one of the key pathways to working in the United States. It allows recipients to elevate their work from a national level to an international scale. This helps facilitate career growth and increases recognition. However, the advantages of obtaining an O-1 visa go beyond just international career opportunities.

In fact, meeting the O-1 visa qualification criteria opens a route to apply for a Green Card. As widely known, a Green Card provides the right to live and work in the U.S. permanently. Under these conditions, many professionals can make their lives in the U.S. permanent. If you have further questions or need clarification on any aspect of this topic, feel free to reach out to us through our website. Additionally, you can contact me directly on LinkedIn for personalized communication.

Asım Kılınç, Immigration Attorney, CK Law Firm

Various visa options are available for startup founders and entrepreneurs to work in the United States. In this article, we will discuss how startup founders can apply for the U.S. O-1 visa while providing an overview of the O-1 visa itself. Below are the key topics we will cover in this post:

• Why Should Startup Founders Prefer the O-1 Visa?
• What Should You Consider When Applying for an O-1 Visa as a Startup Founder?
• What Are the Benefits of Applying for an O-1 Visa for Entrepreneurs?
• How Long Is the O-1 Visa Valid? How Many Years Can I Stay in the U.S.?

We frequently hear these questions from the clients we advise, and I will share the answers with you in the following sections of this article. However, if you have additional questions or if there’s anything unclear, please don’t hesitate to reach out. You can always contact us through the comment section of this blog or via the official CK Law Firm website. Additionally, feel free to connect with me directly on LinkedIn for personalized communication. Happy reading!

Why Should Startup Founders Prefer the O-1 Visa?

The O-1 visa is suitable not only for individuals with extraordinary abilities who receive a job offer but also for those establishing a startup in the U.S. With an O-1 visa, you can obtain a personal visa and start working for your own startup. However, it’s important to note that you cannot self-sponsor your O-1 visa application. Instead, the legal entity of your startup can act as your sponsor.

Proving Your Employment in Your Own Startup

Another important point to keep in mind is that you must prove you are an employee of your own startup or venture. This may require relinquishing certain authorities to demonstrate your employee status within the company. To clarify, it means that one or more individuals must have specific authority over you, such as the ability to hire, pay your salary, or terminate your employment if necessary.

No Previous Establishment Requirement for Startups

One of the biggest advantages of obtaining an O-1 visa for entrepreneurs and startup founders in the U.S. is that there is no requirement for the company to have been established in another country. In other words, you can apply for an O-1 visa and legally start working by founding a startup solely in the U.S. Moreover, there is no minimum annual revenue requirement during this process. It is sufficient for your startup to contribute economic or innovative value to the country.

Duration and Extension of the O-1 Visa

Another significant advantage of the O-1 visa is that it grants you the right to live and work in the U.S. for up to three years without restrictions. At the end of this period, you can extend your visa, provided you meet the necessary conditions. Additionally, the O-1 visa offers the opportunity to apply for a Green Card, allowing you to live and work permanently in the U.S.

Another important advantage of the O-1 visa is that it allows you to live and work in the U.S. for up to three years without any limitations. At the end of this period, you can extend your visa as long as you meet the necessary requirements. Moreover, the O-1 visa provides the opportunity to apply for a Green Card, giving you the chance to live and work permanently in the U.S.

These flexible conditions make the O-1 visa an attractive option for many foreign investors and startup founders aiming to pursue entrepreneurship in the U.S.

What Should You Consider When Applying for an O-1 Visa as a Startup Founder?

As an entrepreneur or startup founder, there are several critical steps you should consider before applying for an O-1 visa. These steps can be summarized as follows:

• Company Formation: Establish your company in the U.S. at least three months before applying to strengthen your visa application.
• Employer Identification Number (EIN): The EIN is a tax ID issued by the IRS, required for taxes, hiring, and financial transactions. Without it, you cannot open a U.S. bank account or hire employees. O-1 visa applicants must have an EIN.
• Company Documents: Submit your company’s formation documents (e.g., Articles of Incorporation) to prove official status. These must be approved by the state.
• Open a U.S. Bank Account: A U.S. bank account shows your business operates legally. Provide the EIN and formation documents when opening the account.
• Business License: Depending on your industry, you may need a license. Some states require it for certain services.
• Website and Brochure: Create a professional website and brochure to help immigration officers understand your business.
• Mailing Address: Have a mailing address for USCIS correspondence. A commercial address is preferable over a residential one.
• Office Address: An O-1 petition requires a work location. Use an actual office address, not a virtual or residential one.
• Prove Operations: Provide evidence of active operations, such as fundraising documents, contracts, or media coverage.

What Are the Benefits of Applying for an O-1 Visa for Entrepreneurs?

There is no specific time restriction for applying for a U.S. O-1 visa. This flexibility allows you to submit your application at any time once you have prepared the necessary documents. While applications are typically processed within 2 to 3 months, those who wish to expedite the process can use the Premium Processing Service, which reduces the evaluation time to as little as 15 days.

One of the key advantages of the O-1 visa is that it can be extended without any time limitation. Initially granted for a period of 3 years, the O-1 visa can be renewed indefinitely, provided valid justifications are presented. Additionally, O-1 visa holders may apply for a Green Card through the EB-1A visa if they meet certain conditions, allowing them to obtain permanent residency in the U.S.

Another important advantage of the O-1 visa is that it has no quota restrictions. This allows entrepreneurs and startup founders to apply for the visa at any time without being affected by a limited application cap. The flexible nature of the O-1 visa provides a significant opportunity for foreign entrepreneurs who wish to establish businesses and develop long-term projects in the U.S.

How Long Is the O-1 Visa Valid? How Many Years Can I Stay in the U.S.?

The O-1 visa is initially granted with a maximum validity period of 3 years. This duration is determined based on the visa holder’s project or employment contract in the U.S. For example, if you apply for an O-1 visa as an entrepreneur for a specific business project, the visa may be approved for less than 3 years, depending on the project’s timeline. However, after the initial 3-year period, visa holders can request annual extensions by providing valid reasons and demonstrating that their activities in the U.S. are ongoing. There is no limit to the number of extensions, but each extension request must be supported by documentation proving the continuation of the project.

The O-1 visa, with its flexible duration and unlimited extension options, is an attractive choice for entrepreneurs aiming to execute long-term projects in the U.S. Moreover, O-1 visa holders who meet certain criteria can apply for a Green Card through the EB-1A visa, allowing them to obtain permanent residency in the U.S. This feature makes the O-1 visa not just a short-term solution but an integral part of long-term immigration plans.

Therefore, if you are looking to open the door to working and living in the U.S., feel free to seek assistance through our website. You can also reach out to me directly via LinkedIn.