Non-immigrant Visa

O-1 Visa – Individuals with Extraordinary Ability

Non-immigrant Visa

O-1 Visa – Individuals with Extraordinary Ability

The O-1 visa is a nonimmigrant visa designed for individuals who demonstrate extraordinary ability or achievement in their field of expertise. It allows these individuals to work temporarily in the United States. The O-1 visa is particularly popular among professionals in areas such as the arts, sciences, education, business, athletics, and the motion picture or television industry.

Categories of O-1 Visas

  • O-1A Visa: This visa is for executives and managers who are being transferred to the U.S. to manage an organization or a major component of it.
  • O-1B Visa: This category is for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

Eligibility Criteria

To qualify for an O-1 visa, the applicant must demonstrate “extraordinary ability,” which is defined differently depending on the field:

1. O-1A (Sciences, Education, Business, Athletics)
  • The applicant must be able to show sustained national or international acclaim, recognized by peers, experts, or organizations in their field.
  • The applicant must demonstrate that they are among the small percentage of individuals who have risen to the very top of their field of endeavor.
2. O-1B (Arts)
  • The applicant must show a high level of achievement in the arts, evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that the person is recognized as prominent, leading, or well-known in the field.
3. O-1B (Motion Picture or Television Industry)
  • The applicant must demonstrate a record of extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that the person is recognized as outstanding, notable, or leading in the industry.
4. New Office Petitions

If the U.S. employer that the foreign employee will be working for has been “doing business” for less than one year, it is considered a new office and the USCIS will strictly scrutinize its L-1 petition. To get a better chance of approval, it is recommended to include the following documentation in the I-129 petition:

  • Proof of a physical space large enough to house the new office, or alternatively, a lease for the new office space.
  • A business plan showing that (i) within one year of operations in the U.S., the business will support a managerial or executive position, and (ii) the proposed investment in the U.S.
  • The foreign company’s copies of bank statements to prove that the size of the foreign entity is capable of launching business in the U.S. and remunerating the foreign employee.

Evidence Required for O-1 Visa Application

The applicant must provide evidence that meets the specific criteria for their field:

1. O-1A (Sciences, Education, Business, Athletics): The applicant must provide evidence of at least three of the following:
  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field.
  • Membership in associations that require outstanding achievements of their members, as judged by recognized national or international experts.
  • Published material in professional or major trade publications, newspapers, or other major media about the applicant and their work.
  • Original scientific, scholarly, or business-related contributions of major significance in the field.
  • Authorship of scholarly articles in professional journals or other major media in the field.
  • A high salary or other significantly high remuneration for services in comparison to others in the field.
  • Participation as a judge of the work of others in the same or allied field.
  • Employment in a critical or essential capacity for organizations and establishments with a distinguished reputation.
2. O-1B (Arts): The applicant must provide evidence of at least three of the following:
  • Leading or starring in productions or events with a distinguished reputation.
  • Critical reviews, advertisements, publicity releases, publications, contracts, or endorsements showing that the individual is recognized as having a leading, critical, or starring role.
  • Leading or starring in productions or events for organizations and establishments that have a distinguished reputation.
  • A record of major commercial or critically acclaimed successes.
  • Significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field.
  • A high salary or other substantially high remuneration for services in relation to others in the field.
3 .O-1B (Motion Picture/TV): The applicant must provide evidence similar to that required for the O-1B arts visa but specific to the motion picture or television industry. This includes evidence of substantial recognition, leading roles, or significant achievements in the industry.

O-2 Visa for Essential Support Personnel

Individuals who provide essential support to the O-1 visa holder’s performance may apply for an O-2 visa. These individuals must show that their assistance is integral to the performance and that their skills and experience are critical to the O-1 visa holder’s successful performance.

O-3 Visa for Family Members

Spouses and unmarried children under the age of 21 of O-1 visa holders may accompany them to the U.S. on an O-3 visa. However, O-3 visa holders are not allowed to work in the United States.

Duration of Stay

The initial period of stay on an O-1 visa is up to three years, based on the duration of the event, activity, or employment that the visa is tied to. Extensions are possible in one-year increments as long as the individual continues to meet the O-1 visa criteria and can demonstrate the need to stay longer in the U.S.

Application Process

  • The process begins with a U.S. employer, agent, or sponsor filing a Form I-129, Petition for Nonimmigrant Worker, on behalf of the applicant.
  • Supporting evidence and documentation must be included with the petition to demonstrate the applicant’s extraordinary ability or achievement.
  • Once approved, the applicant can apply for the O-1 visa at a U.S. embassy or consulate abroad or change status if already in the U.S.

Advantages of the O-1 Visa

  • The O-1 visa has no annual cap, unlike the H-1B visa, which means there is no limit to the number of O-1 visas that can be issued each year.
  • It allows for dual intent, meaning the visa holder can pursue permanent residency (a green card) while on an O-1 visa without jeopardizing their nonimmigrant status.
  • It offers flexibility in terms of the type of work the visa holder can do, including the ability to work for multiple employers if each employer files a separate petition.

The O-1 visa is an excellent option for individuals who have demonstrated extraordinary ability or achievement in their field and wish to work in the United States. It offers significant advantages, including the potential for extended stays and the ability to work in specialized industries. However, the application process is rigorous, and applicants must provide substantial evidence of their qualifications. Consulting with an immigration attorney is often advisable to navigate the complexities of the O-1 visa process.

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