» O-1

Can I work another job other than the proposed job on my O-1 visa?

No, if you are an O-1 you can only work in your identified job and any connected events pertaining to it.

Can my family join me under the O-1?

Yes, spouses and children of an O-1 are eligible to be in O-3 status. Dependents need to show evidence proving the familial relationship. Dependents cannot be employed but may attend school.

What does it mean to have “extraordinary abilities” that qualify for an O-1 visa?

A person may qualify for an O-1 visa if they have a level of expertise that is not common and are part of a small elite group of individuals at the top of their indicated field.

How is an O-1 visa different from an H-1B?

Unlike the H-1B, the O-1 has no numerical limit. There is no minimum prevailing wage requirement, although the wages offered should be what is expected for someone in a position of O-1 caliber. While premium processing is occasionally suspended for H-1B petitions, it remains available for O-1 petitions.

Sheila Starkey Hahn

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Sheila Starkey Hahn has devoted her entire legal career to the practice of immigration law. With offices in up-state New York, Memphis and Washington DC, Ms. Starkey Hahn focuses her practice on employment-based immigration. She assists established c…

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