O-1 Visas

Comprehensive Immigration Guidance for Individuals with Extraordinary Ability

What is an O-1 Visa?

The O-1 visa is a temporary work visa for individuals who have demonstrated extraordinary ability in their field. It allows highly accomplished professionals in business, science, education, athletics, or the arts to work in the United States on specific projects or engagements.

A U.S. employer or authorized agent must file the petition on behalf of the individual.

Key Benefits

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Work in the U.S. at the highest level of your profession

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Initial approval for up to three years, with extensions available

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May serve as a pathway to permanent residency

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No annual visa cap

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Spouse and children may accompany you

Who Qualifies for O1 Visas?

You may be eligible if you:

  • Have national or international recognition for your achievements
  • Can demonstrate sustained success in your field
  • Will work in your area of expertise in the U.S.
  • Have a U.S. employer or agent sponsor

Separate classifications exist for individuals in the arts and entertainment industries.

How does brudner law help?

Established in 2017

Eligibility evaluation and strategy

Specializing in E-2 Visas

Evidence collection and case preparation

Exclusively Practicing Immigration Law

Coordination with employer or agent sponsor

97% Success Rate

Petition drafting and filing

Represents Clients Worldwide

Represents Clients Worldwide

Frequently Asked Questions

Who is eligible for an E-2 Visa?

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To qualify, you must be a national of a treaty country and invest a substantial amount of capital in a U.S. business. The business must be an active commercial enterprise generating more than enough income to support the investor and their family.

Can I switch from an E-2 Visa to a Green Card?

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The E-2 visa itself does not lead directly to a green card, but you can explore options like the EB-5 Investor Program or family- or employment-based green cards.

How long can I stay on an E-2 Visa?

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The E-2 visa is typically granted for an initial period of 2 to 5 years and can be renewed indefinitely, as long as the business continues to meet visa requirements.

Can my family join me?

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Yes! Spouses and unmarried children under 21 can accompany the E-2 investor. Spouses receive an open work authorization (can work for any employer), and children can attend school in the U.S.

What qualifies as a substantial investment for an E-2 Visa?

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The law doesn’t specify a minimum, but your investment must be sufficient to ensure the successful operation of your business. Generally, $80,000–$100,000 is considered a good starting point.

What happens if my business fails?

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To maintain your E-2 status, your business must remain active and operational.  A temporary decline in revenue or profitability should not affect your visa status. In the case that you decide to seize all operations of your business- you would need to consider other immigration options.

O1 Visas Success Stories

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Success Story #1

Situation:

A married couple from Germany with three young children dreamed of moving to the U.S. for new opportunities. The wife was a high-income earner in the high-tech industry, while the husband had a mid-level income.

Strategy:

Strategy: They invested $150,000 in a profitable U.S. franchise, with the husband applying for the E-2 visa as the primary investor. The wife, as a dependent of the E-2 main investor, would receive an open work permit that would allow her to work for any company in the US. She would secure a high-paying tech job, while the couple focused on growing their business.

Result:

The family successfully established a new life in the U.S. The wife continued her career in the high-tech sector, while their business provided a steady source of income. Together, they achieved financial stability and built a strong foundation for their future.

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Success Story #2

Situation:

A married couple from Israel saw the U.S. as the ideal place to expand their digital marketing business while supporting their two adult children, aged 20 and 21.

Strategy:

They invested $115,000 to start a new digital marketing business in the U.S., with the wife as the E-2 visa's primary investor. The husband, as a dependent of the E-2 main investor, would receive an open work permit that would allow him to work forany company in the U.S. Their children would obtain a student visas to study in the U.S.

Result:

The couple successfully transitioned their business to the U.S., establishing a foothold in the digital marketing industry. Their children pursued higher education at U.S. universities, the older one obtained a student visa. The younger- first obtained an E-2, which allowed him to study, and then when he turned 21, he transitioned to a student visa. The entire family thrived both professionally and personally, realizing their goals.

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Success Story #3

Situation:

A single women in Canada wanted to turn her vision of owning a unique travel business into reality in the U.S.

Strategy:

She invested $66,000 to open a travel bus company in Southern California specializing in themed trips. The majority of her investment went toward purchasing the actual bus. She applied for a five-year E-2 visa to launch and grow her business in the U.S.

Result:

She secured a five-year E-2 visa to launch and grow her business. Her travel bus company became a successful enterprise, filling a niche in the tourism industry. With her business thriving, she achieved her entrepreneurial aspirations while creating a stable and fulfilling life in the U.S.

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For Individuals with Extraordinary Ability, Explore how the O-1 visa can support your professional opportunities in the United States.

For Employers or Agents Sponsoring Talent, Secure the services of exceptional professionals while ensuring compliance with immigration requirements.