How Long Is the O-1 Visa Valid?

FRONTJANUARY 8, 2025 / IN BLOGS, O1 VISA, TR

Asım Kılınç, Immigration Lawyer, CK Law Firm

You can continue your career in the United States for the duration of the O-1 visa, also known as the extraordinary talent visa. During the O-1 visa period, you not only have the opportunity to work but also to live. So, is the O-1 visa sufficient for long-term residence in the United States, or is a Green Card required? In this article, I will address the following topics, including the connection between the O-1 visa and the Green Card:

• Types of O-1 Visa
• O-1 Visa Application
• How Many Years Is the O-1 Visa Valid For?
• O-1 Visa Extension Application and Required Documents
• Transitioning from O-1 Visa to Green Card

If you have any questions beyond these topics, please feel free to contact me in the comments section of this blog or through the CK Law Firm official website. For more information on specific topics or consulting services, please contact me on LinkedIn.

Types of O-1 Visa

The US O-1 visa is divided into different categories based on the applicant's area of expertise. These categories are:

• O-1A Visa: Awarded to individuals with extraordinary abilities in science, education, business, and sports.
• O-1B Visa: Issued to individuals with extraordinary abilities in the arts and entertainment field. This visa type is often known as the O-1 artist visa.
• O-2 Visa: This visa is issued to technical personnel or team members who will assist the O-1 visa holder.
• O-3 Visa: This is a family visa issued to spouses and children under the age of 21 of O-1 visa holders.

Each type of O-1 visa requires different documents and evidence during the application process. Therefore, please contact us to learn which category you should apply under.

O-1 Visa Application

Applicants for an O-1 visa in the United States must submit documents demonstrating their extraordinary abilities. The basic steps for applying are as follows:

1. Finding a Sponsor: Applying for an O-1 visa is done through a sponsor or employer, not individually. The sponsor must submit your application to USCIS (U.S. Citizenship and Immigration Services).
2. Prepare Required Documents: Documents such as the sponsor's petition, work samples, or awards demonstrating the applicant's extraordinary abilities should be prepared before applying.
3. USCIS Approval: The application is reviewed and approved by USCIS. This process takes varying amounts of time, depending on the completeness and accuracy of the documents.

For more detailed information on applying for an O-1 visa, you can also review our article, "O-1 Visa Ekşi: A Beginner's Guide." You can also contact us through our website if you have any questions about the process.

How Many Years Is the O-1 Visa Valid?

An O-1 visa is generally valid for three years when initially issued. However, once this period is reached, it can be extended by one year each time by applying for an extension. There is no limit to the total number of extensions an O-1 visa can be granted. However, each extension application requires new and valid justification.

Those who receive an O-1 visa have the legal right to work in the United States. However, this right to work is limited to the job or project specified in the application. Therefore, they are not eligible for other work or projects.

O-1 Visa Extension Application and Required Documents

An O-1 visa extension requires a valid reason. However, this application must be submitted not only with a specific reason but also with valid documentation. Key points to consider are as follows:

1. Continuing Sponsorship: The current sponsor must indicate that the O-1 visa holder will continue to remain in the United States for the purpose of the work or project. The sponsor submits the petition to USCIS (United States Citizenship and Immigration Services), and this petition forms the basis of the extension application. If the sponsorship is not continued, the extension application cannot be accepted.
2. Recent Evidence: O-1 visa holders must submit evidence demonstrating their continued demonstration of extraordinary abilities. This may include new projects, awards, published scientific articles, or appearances at events. USCIS reviews these documents thoroughly during application review.
3. Form I-129 Petition: Form I-129 (Petition Form Completed by an Employer in the United States for Foreign Employees), submitted to USCIS by the sponsor, is required to officially initiate the extension request. This form must be completed completely and accurately by the sponsor and submitted with supporting documentation.

Extension applications are typically processed within two to three months. However, in urgent cases, this timeframe can be shortened even further by using the premium processing service (Priority Processing Service). With the premium processing service, USCIS commits to processing the application within 15 calendar days. If you have any questions, please contact us through our Contact page.

Transitioning from O-1 Visa to Green Card

For those with extraordinary abilities, an O-1 visa is the first step toward long-term living in the United States. However, after a while, reapplying for extensions and finding a new reason each year can become tedious and difficult. Therefore, many O-1 visa holders plan to switch to a Green Card. While it's possible to switch from an O-1 visa to a Green Card, there are some caveats to consider. These are:

1. EB-1 Visa Category: O-1 visa holders generally apply for a green card under the EB-1 category. The EB-1 (Employment-Based Immigration: First Preference) category is an immigrant visa type for individuals with extraordinary abilities. Priority is given to individuals who have demonstrated extraordinary achievements in fields such as science, the arts, entertainment, and sports.
2. PERM Certificate Requirement: O-1 visa holders may not be required to obtain a PERM (Program Electronic Review Management) certificate when applying under the EB-1 category. A PERM certificate is a requirement that requires Turkish citizens working in the US to be supported by their employers and to first prove that American citizens cannot be employed. In some cases, a PERM certificate is not required, and the absence of a PERM requirement allows the process to proceed more quickly.
3. Forms I-140 and I-485: Individuals wishing to apply for a green card in the EB-1 category must first submit Form I-140 (Immigrant Petition for Alien Worker) to USCIS. USCIS reviews this petition and determines the applicant's eligibility. After Form I-140 is approved, the applicant files Form I-485 (Application to Register Permanent Residence or Adjust Status) to change status. This form allows the applicant to change status from their current O-1 visa to a green card.

If these details are completed correctly, the O-1 visa can be converted to a Green Card. The validity period of the O-1 visa also increases. This transition allows individuals to obtain permanent residency and work authorization in the United States. However, this process requires both sponsorship and professional support. It is crucial to submit all necessary documentation and apply under the correct category during the Green Card application process.

Therefore, you can get help from us on our website to increase your application success. You can also connect with me on LinkedIn. You can learn the latest industry developments and stay informed about important announcements on our News page.