O-1 Visa for Computer Scientists and Software Engineers
U.S. work visas are designed for different categories of people based on their skills and background, and it is best that each applicant chooses the one that best aligns with his or her career goals and aspirations. If you are a computer scientist or a software engineer, the O-1 visa may be the perfect fit for your situation.
O-1 Visa Benefits
As a computer scientist or software engineer, the following benefits are just a few of the many reasons why the O-1 visa remains your best bet:
Opportunity to Work for Multiple Employers
The O-1 classification is one of the most flexible U.S. nonimmigrant work visas. It allows you to work either as an employee for an organization or pick up multiple jobs from different employers.
Longer Period of Stay
The O-1 visa is issued with an initial period of stay of three years, but it can be renewed in increments of one year for as long as you have an existing contract with your employer(s). This is in contrast to other nonimmigrant visas that require holders to leave the U.S. after a specified number of years.
As an O-1 visa holder, there is no limit to how long you can stay as long as you have valid O-1 employment. And as a professional in the technology industry, your chances of keeping your job or changing employer to maintain your status are high.
Green Card Opportunity
The O-1 is also a dual-intent classification that allows you to apply for a green card while under nonimmigrant status. While there are other visa types that have the same provision, the similarity between the O-1 and the first preference employment-based green card category makes green card processing much more accessible than some other nonimmigrant categories.
No Annual Cap
While some nonimmigrant visas like the H-1B and H-2B have a cap on the number of visas that can be issued in a year, there is no such barrier for the O-1 visa. As long as you follow the application process and can prove your eligibility, you can request and obtain an O-1 visa at any time of the year.
No Labor Condition Application
Unlike most work visas in the U.S., the O-1 application process does not involve the Labor Condition Application (LCA). With the inclusion of a recommendation letter from a peer group or organization in your O-1 petition, you effectively eliminate the need to obtain approval from the United States Department of Labor, which saves time on your application process.
What is an O-1 Visa?
The O-1 classification is the designated nonimmigrant visa for individuals who possess extraordinary ability in the sciences, business, arts, or education. It is considered to be one of the most prestigious nonimmigrant work visas in the U.S., given the numerous advantages that we have just described. Professionals in different fields or the technology industry, especially software engineers and computer scientists, are some of the potentially eligible candidates for the O-1 visa.
O-1 Visa Eligibility Criteria
To qualify for an O-1 visa as a software engineer, you are expected to demonstrate exceptional skills in your field. Being an exceptional candidate in the context of the O-1 visa application means you have reached a level of expertise indicating that you are in the top percentile in the technology field. This will be determined by the achievements or contributions you can demonstrate in your field.
O-1 Visa Application Process for Computer Scientists and Software Engineers
To qualify for an O-1 visa, the first requirement is to have a job offer or contract from an organization in the United States. The organization will act as your sponsor by petitioning the USCIS on your behalf. An O-1 visa sponsor can be an employer or agent, depending on the nature of your contract. The O-1 visa petition is filed with the USCIS through the I-129, Petition for Nonimmigrant Worker.
Direct Employer
With this arrangement, you will be working directly for an organization as an employee. Your contract must reflect a valid employer-employee working relationship, and you can only provide service for the company or organization that is directly sponsoring your O-1 visa petition.
Agent
An O-1 visa agent or manager can also be your sponsor. Visa agents are individuals or organizations hired to act as a sponsor on behalf of the beneficiary and the employer(s). This arrangement allows you to work for multiple employers, as you will not be tied to one specific employer.
O-1 Computer Scientists and Software Engineers Salary
The United States has always been considered as the land of opportunity for foreign nationals, and working as a computer scientist or software engineer on an O-1 visa has even greater benefits. According to the U.S. Bureau of Labor Statistics (BLS), the median pay for software developers is $105,590 annually and $50.77 per hour.
The job market has up to 1.3 million positions and is growing much faster than other markets. Furthermore, with the healthy state of the U.S. economy and the increasing growth in the tech industry, the increased demand for computer software, computer scientists, and software engineers will likely continue to rise.
O-1 Visa Documentation for Computer Scientists and Software Engineers
Whether you will be working for one or multiple employers, you will be required to present supporting evidence showing that you possess extraordinary ability in the technology industry. Therefore, the I-129 must be submitted alongside your credentials and the following documents:
Consultation
A consultation, in this respect, is a letter of recommendation from a peer group such as a labor organization or an expert in your field. It is recommended that you submit an original copy of the letter with a watermark or other distinctive mark to help prove its authenticity. The consultation may be waived by the USCIS if you can provide evidence that a consultation is not readily accessible in your specific field.
Contractual Agreement
The USCIS will also want to see the contract between you and the petitioner. This must reflect what was offered by the employer and what was accepted by the employee. If the contract was oral, a summary of the terms of the agreement with documented evidence, such as emails between the two of you, must be submitted.
Itineraries
The itinerary is an explanation of the nature of activities your O-1 job will involve. It must include the start and end dates for each of the activities you will be participating in during your stay. If you are going to be working in multiple locations, this must also be stated in the itinerary.
O-1 Visa Evidentiary Criteria for Software Engineers
If you have received a major internationally-recognized award such as a Nobel Prize, you will be considered qualified for an O-1 visa. However, in lieu of an award of that caliber, you will need to provide evidence of at least three (3) of the following:
Receipt of National or International Award in Your Field
For this criterion, you must provide evidence that you have received lesser awards or prizes for excellence in the computer science or software engineering field that are nationally or internationally recognized. This should be well documented in your petition. It is not enough to just list the requirement—you must prove how the award demonstrates your excellence in the field of technology.
A Published Material in Professional or Major Media About Your Work
To satisfy this criterion, your name must have appeared in an article or in a major print or online publication concerning your work or achievement in the field. The published material should be recognized at the national or international level and must include the date, title, and author’s name. The article must be mainly about your work, and if other individuals are mentioned, your name must have equal weight and significance. Articles in local media or internal reports of your company will not count for this criterion.
Membership of an Association in Your Field
To satisfy this requirement, you must show evidence that you are a member of a guild, association, or league that is exclusively meant for experts in your specialized computer technology field. It is best if the association is one that limits its membership only to the most accomplished professionals in the field.
Your qualification for membership must solely be on merit and must have been granted by top experts in the field. School alumni associations that are open to any graduate of the school or associations that only require a certain number of years in the tech field will not count for this requirement.
It would be helpful if you could submit the constitutions or the membership requirements—including the credentials of those who are responsible for granting membership to the association—to the USCIS. This will help establish your eligibility according to this criterion.
Evidence of Participation as Judge of Works of Others in the Field
This is to demonstrate that your expertise in the computer science software engineering industry has placed you in the position of an expert in your field whose judgment, approval, consultation, or advice is sought after for other people’s work. This can be either as a member of a panel of judges or individually. If you have participated in the peer-review process of published materials by other people in the field, this may count for the criterion.
Significant Contributions in the Field
This criterion requires that you have made scholarly, scientific, or business-related contributions of major significance in the field. This may be an individual or team achievement in research, testing, or scientific discovery. The authenticity of such work will be based on the letters of support submitted by others in the field.
Keep in mind that simply presenting or publishing your work will not count. To satisfy this requirement, the presented document must be of national or international significance. It must be seen to have helped others, be cited by others, and also have generated a widespread public reaction. The USCIS wants to be sure that the work is considered important by other experts in the field. Ensure that documents supporting this are included as evidence.
Authorship of Scholarly Work
This refers to articles authored by you about your work in the field. It must have been published in a major media outlet or professional journal. However, articles are not the only way to qualify— other forms of publication can still be used to satisfy the requirement. It should be published in reputable and widely-known academic journals and be cited by researchers in the field.
Employment in an Essential Capacity
This criterion requires that you present evidence showing that you have been employed in an essential or critical role for a reputable organization. Your job position must be of a high level and be crucial to the efficient operation of the organization.
High Salary Criteria
The criterion requires that you have commanded or will command a high salary or other compensation for your services. This is a way of showing that your extraordinary ability in the field has placed you on a salary scale that is higher when compared to other computer scientists or software engineers in the tech field. This can be proven by submitting the contractual agreement for your former or prospective O-1 employment.
Extend Your O-1 Visa
You are able to apply for an extension if you meet the following criteria:
- You entered the U.S. lawfully and your visa is not expired
- You have not transgressed the boundaries of your visa or been convicted of a crime that would jeopardize your visa status.
- Your passport will remain valid for the duration of your proposed extension.
If you meet the above requirements, you will need to submit three documents:
- A copy of your employer’s Arrival/ Departure Record on Form I-94
- Another submission of Form I-129
- A written statement detailing the reasons for your proposed visa extension.
It’s best to consult an immigration attorney to make sure you have a strong case for renewing your visa including all the necessary documents.
What happens if I overstay my visa?
In the event that you need more time to carry out your contract and your petition for an O-1 visa is denied then you technically have until the departure date on your I-94 to leave. If you do not, then you run the strong chance of deportation and a possible future ban.
Can I file for permanent residency while on the O-1 visa?
Yes, you can since the O-1 is a dual intent visa so you can file for permanent residence and adjust your status to the green card holder.
If I am in the U.S. on another status, can I get an O-1 visa?
You can either apply for it through the change of status process or if you are outside of the U.S. you can do so through consular processing. If you are on another status, then your employer needs to start the process by submitting an I-129 petition to USCIS. Once it is approved your status will be changed.
Other Types of O Visas
In the category of O visas there are a few other types.
O-1A: This visa is for those who have extraordinary skills in education, athletics, the sciences, and business.
O-1B: This is for those who have extraordinary skills in the arts or achievements in the motion picture/television industry
O-2: This is for individuals to join someone on an O-1 (artist or athlete) to give assistance (must play an integral part) for a performance or event.
O-3: This visa is for the spouse or children of O-1 or O-2 visa holders.
