United States Citizenship and Immigration Services (USCIS) reserves O-1 visa for Non-immigrants with Extraordinary Ability. With our dedicated immigration lawyers on your side, aliens with extraordinary ability can reside in the United States for up to 3 years. In addition, accompanying spouses and children of visa holders can travel to the United States with O-3 visas.
You may be eligible for an O-1 visa if you are an individual with extraordinary ability in the sciences, arts, education, business, or athletics. In addition, if you demonstrate that you are a recognized individual n the motion picture or television industry and have been recognized nationally or internationally for those achievements, you may obtain an O-1 visa. Primarily, this visa has two categories:
Foreign nationals with sustained national or international recognition for their achievements are eligible for O-1A visa.
For an O-1B visa, the beneficiary must demonstrate a high level of achievement, evidenced by a degree of skill and recognition substantially above that ordinarily encountered. In addition, the beneficiary must be recognized expert and provide evidence of their recognition.
In order to meet the eligibility criteria for an O-1 visa, the petition must satisfy the following requirements:
The O-1 visa is an employment-based non-immigrant visa. In other words, the visa petition must be filed by a U.S. employer or agent sponsoring a foreign national with extraordinary ability to work in the United States. That being said, the employer or agent will act as the petitioner and file Form I-129, Petition for a Non-immigrant Worker. Generally speaking, a non-U.S. employer or agent may also sponsor an O-1 visa petition, but must use a U.S. agent to file the petition.
Individuals seeking an O-1 Visa must provide evidence of an employment agreement that specifies the services expected from the foreign national with extraordinary ability. Alternatively, USCIS may accept a detailed summary of the terms of an oral agreement or a detailed explanation of the job itself. Therefore, a detailed summary of the terms of a verbal contract, or a detailed description of the job can satisfy this requirement.
Lastly, the beneficiary must demonstrate “extraordinary ability” in their respective field.
|Sciences, Education, Business, or Athletics||A level of expertise indicating that the person is one of the small percentages who has risen to the very top of the field of endeavor.|
|Arts||A distinction as a renowned, leading, or well-known person in arts.|
|Motion Picture or Television Industry||A national or international recognition as an outstanding, notable, or leading person.|
A realistic assessment by qualified O-1 visa lawyer can help prevent unfavorable outcomes and reduce delays caused by improperly or incompletely prepared petitions. Therefore, we conduct in-depth consultations to ensure your eligibility, and increase the chances of your success.
As part of the O-1 visa petition, the beneficiary must submit a consultation letter. Typically, this document includes a written advisory opinion either from a peer group in the beneficiary’s field of expertise or from a person chosen by the peer group who possesses expertise in the relevant area. Labor organizations may also provide an advisory opinion.
In certain situations, USCIS might waive the consultation requirement. A waiver for the written advisory opinion in the O-1 visa application process may be granted under specific circumstances, primarily when an appropriate consulting entity, such as a peer group or labor organization, does not exist. Contact us to discuss if your profession qualifies for a waiver of the written advisory opinion requirement.
After determining your eligibility, our O-1 visa lawyers will complete your forms and gather the necessary supporting documents. We will also help you prepare supporting letters and obtain legal documents if required. Our O-1 visa lawyers will provide non-immigrants with extraordinary ability with the needed templates and sample documents.
We will prepare a complete and robust visa petition and file it with the appropriate office on your behalf. Once the petition is delivered to USCIS, a receipt notice will be issued to notify the parties that the petition is under review.
While reviewing the petition, USCIS officers may issue a Request for Additional Evidence (RFE) if there is any insufficiency with your petition. Our office rarely receives a request for further evidence as our attorneys always ensure to include all the supporting documents you need for a solid and complete petition.
Once all the necessary steps have been completed, USCIS will thoroughly review your petition and then issue the decision notice. This formal notice outlines the final decision regarding your O-1 visa petition. Our team will work closely with you throughout the process to ensure that your petition is solid and complete, leaving no room for unnecessary delays or issues.
If you are inside the United States at the time of filing and approval of your petition, you will automatically become an O-1 non-immigrant worker and can stay inside the US for the duration of the authorized stay mentioned on the approval notice. If you are not in the United States, you need to request a visa from a consulate. This means filling out Form DS-160 and attending your O-1 visa interview. If the consulate post officer thinks you are eligible, you’ll get an O-1 visa and can come to the United States as a non-immigrant worker.