O-1 Visa: Individuals with Extraordinary Ability or Achievement
by Admin
Posted on 12-10-2023 10:38 AM
The “o-1” classification is temporary employment authorization issued by the us citizenship and immigration service ( uscis ) to foreigners who have “extraordinary ability” in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry. In the o-1 process, the employer is called the “o-1 petitioner” and the prospective employee is called the “o-1 beneficiary. An “o-2” visa is available to a person who will accompany an o-1 visa holder in order to assist in the artistic or athletic performance.
Aliens of different specialties are imposed different standards of review. The standard for determining “extraordinariness“ is highest for business persons, scientists and educators, and lower for the arts. For persons whose expertise is in science, education, and business, extraordinary ability is shown by sustained national or international acclaim and the aliens must have risen to the top of the field. This standard is similar to that the eb1-a immigrant visa. To qualify as an o-1 alien of extraordinary ability in the arts, the immigration rules require “distinction. “ “distinction“ means a high level of achievement in the field of arts as evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that a person is described as prominent, leading, or well-known in the field of arts.
There are two types of o-1 visas. The o-1a visa is for individuals at the very top of their fields who have earned national or international recognition for extraordinary ability in the sciences, education, business, or athletics. For example, we have represented individuals who are aerospace engineers, software developers, and university professors. The o-1b visa is for individuals who have extraordinary ability in the arts, or who have a demonstrated record of extraordinary achievement in the film or television industry. Extraordinary ability in the arts applies to any creative field, including performing arts, culinary arts, and visual arts. For example, we have represented individuals who who are television studio set designers, keyboard/piano players, and ballet dancers.
O-1 Extraordinary Ability Visa Process for Administrators
An o-1 visa is a type of non-immigrant visa that is reserved specifically for people with “extraordinary” abilities.
As explained by united states citizenship and immigration services (uscis) , you may be eligible for an o-1 visa if you can demonstrate a record of superior talent and/or ability in the field such as the arts, education, business, sports, movies, or television. Here, our los angeles o-1 visa attorneys explain some of the important things to know about preparing for the o-1 visa application process.
The eb-1a green card processing time generally takes six to eight months, but can reach a year – premium processing is available. Once the eb-1a green card (i-140 petition) is approved, you can submit an i-485 application to register permanent residence (adjustment of status form). Uscis takes about six months to adjudicate the i-485 adjustment of status and premium processing is not available. On average, it takes around one year to transition from an o-1 visa to an eb-1a green card. The o-1 visa provides a great opportunity for those with extraordinary ability to gain permanent u. S. Residency via the eb-1a green card.
One difficulty with the o-1 visa process is being able to know whether you have the extraordinary abilities and high educational qualifications that the u. S embassy requires. Fortunately, the u. S citizenship and immigration services (uscis) have created a roadmap and a few points in which potential applicants can evaluate themselves to know whether they can apply for the o-1 visa or not. So how do you demonstrate that you have some sort of extraordinary ability in science, business, education or athletics? take into consideration whether you have done the following: received an award such as pulitzer prize or an olympic medal received any prize for your excellence in any of those fields.
O-1 Visa Eligibility Requirements
Artists coming to the us on o1 visas might have multiple gigs over a year (think a music band touring the us). But this is not limited to artists, you are allowed to have an agent that sponsors you. This agent could be a friend of yours if so you wish: if you wish to designate an acquaintance, friend or business associate to serve as your “agent” petitioner for the purpose of the o-1 petition, it is perfectly allowed by the regulations, provided that you and your employer(s) authorize this individual to represent and act on behalf of you and your multiple employers.
The o-1 visa requirements will vary depending on the beneficiary’s particular circumstances. The following section will be divided into 4 parts: business, science, athletics, and education.
Once you’ve successfully met all the requirements for eligibility you can apply for your green card. There are three ways by which you can do so.
Spouses and unmarried children under 21 are eligible for o-3 visa status. Individuals in o-3 status are not permitted to work in the u. S. O-3 dependents may study in the u. S. , full-time or part-time, for the duration of the o-3 (and the primary’s o-1) status.
Spouses and/or children under the age of 21 who wish to accompany or join you in the u. S. For the duration of your stay can apply for o3 visas.