The O-1A & O-1B visas are for individuals with an extraordinary ability in their fields. The O-1A is for individuals with extraordinary ability in the sciences, education, business or athletics and the O-1B is for individuals with extraordinary ability in the arts or achievement in motion pictures or the television industry. A common inquiry we receive is whether someone on an O-1 can accept new employment in the U.S. Below we will examine a few scenarios of how this can work:
I have a full-time job working for one employer but have received a job offer for part-time employment. I would like to work for both employers. Can I accept the new job?
The O-1 permits employment for multiple employers. In this scenario, the foreign national would need the new employer to file a petition for part-time employment. This petition would need to be approved before the applicant could start work for the new employer.
I am an artist and a U.S. agent filed my O-1 petition. I want to add some additional performances, is this allowed?
Yes, as long as the new performances require someone of extraordinary ability and are in the field of extraordinary ability that was approved under the initial petition, new engagements can usually be added for artists or entertainers without filing an amendment. The new engagements would need to take place during the approved 3 year period.
I have been working on an O-1 as a musician and have been offered a job as a music producer. Does my employer need to file a new petition?
Yes. If there has been a material change in the terms and conditions of employment or a change in the applicant’s eligibility, a new or amended petition must be filed. In this scenario the change to the job is a material change and the applicant would need to prove that they also have extraordinary ability as a music producer to qualify for the visa.
I am an entrepreneur and have an O-1 for a consulting company that I own. Do I have to file any amendments as I take on new clients?
No, as long as you are continuing to work in your area of extraordinary ability, you do not need to file an amendment for new clients who sign contracts to work with the U.S. company/petitioner.
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