The O-1 visa classifications are as follows:
O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry).
O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity.
O-3: individuals who are the spouse or children of O-1’s and O-2’s.
What are the eligibility criteria for an O Visa?
1. The beneficiary must demonstrate extraordinary ability by sustained national or international acclaim.
2. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
3. Extraordinary ability in the field of arts means distinction.
4. To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
What is the application process for an O-1 Visa?
A. File Form I-129, Petition for Nonimmigrant Worker, with the USCIS.
B. Consultation - A written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability.
C. Contract between petitioner and beneficiary.
D. Itineraries - nature of the events or activities.
What is the Evidentiary Criteria for an O-1A visa application?
Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:
1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
2. Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field.
3. Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought.
4. Original scientific, scholarly, or business-related contributions of major significance in the field.
5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought.
6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence.
7. Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought.
8. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
What is the period of stay granted to the visa applicant?
Up to 3 years, but the petitioner may request an extension of their stay.
For advice and assistance with your O-1A visa application to work in the US, contact VisaConnect's qualified US Attorney's:
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