What You Need to Know About the O-1 Visa
The O-1 visa is a non-immigrant status or temporary work visa that enables people with extraordinary ability in their particular field to work in the U.S. Scientists, physicians, resea/rchers, medical clinicians, IT professionals, management consultants, and others are the types of experts who apply for this visa. Furthermore, it gives a nonimmigrant worker a great deal of flexibility if he/she has a two-year home residency requirement or is completing their sixth year in H status.
The O-1 Visa
There are two different categories when it comes to the O-1 visa: O-1A and O-1B. As mentioned above, this visa is specifically for those who have extraordinary abilities when it comes to sciences, arts, education, business, athletics, or motion picture or television.
Alternatively, they may have national or international recognition in these fields. The two categories are differentiated according to this:
- O-1A: This is for people with outstanding skills in sciences, education, business, or athletics.
- O-1B: This has been created specifically for those with exceptional skills in arts or extraordinary achievements in the motion picture/ television industry.
O-1 Visa Information Requirements
In order to prove extraordinary ability “by sustained national or international acclaim,” you need to prove that you are part of a small percentage of people who are considered the best in the industry.
If you’re a part of the arts industry, this involves providing evidence that you’ve received significant recognition and have skills above that ordinarily encountered.
When it comes to the motion picture/ television industry, you need to be considered leading, notable, or outstanding.
You should consult with an experienced immigration attorney when compiling the necessary evidence. At #LiveintheUS in Miami, FL, we’re here to assist throughout the process to ensure you meet these stringent requirements.
Documentary Requirements
In order to apply for this visa, you need to submit at least two types of evidence mentioned below for your O-1 Visa to be approved:
- Published material regarding the alien
- Original contributions of major significance
- High salary in comparison to others
- Nationally recognized distinctions, awards, or prizes
- Membership in associations that require outstanding achievements of their members
- Evidence of service in a leading or critical or essential capacity for distinguished organizations
- Authored scholarly articles, presentations, or abstracts in major trade publications or other major media
- Evidence of having judged other peoples’ work
The O-1 Visa Application Process
Obtaining the O-1 visa is a meticulous process. Applicants have to provide substantial evidence regarding their extraordinary abilities to meet the specific criteria set out by the U.S. Citizenship and Immigration Services (USCIS).
Firstly, you must submit Form I-129, Petition for Nonimmigrant Worker, along with the filing fee. You will also have to submit a written advisory opinion from a respected individual or group in the industry you work in, and all your documentation of achievements, reference letters, upcoming contracts, and more.
Next, your lawyer will handle the filing. Applicants should always work with knowledgeable immigration attorneys specializing in O-1 visa petitions to increase their chances of a successful application.
The immigration attorney will discuss with you each requirement and together you will identify the documentation necessary to meet each one.
The Verdict
Overall, the O-1 Visa gives people with the extraordinary ability to work and contribute to the U.S. a valuable opportunity. It is one of the most attractive options for talented people around the world as it has long-term potential, flexibility, and a positive impact on the economy.
The O-1 visa helps the U.S. maintain its position as a global leader in various fields because of its nature of innovation, collaboration, and cultural exchange.
If you’re interested in applying for an O-1 visa, we recommend getting the expert advice of an immigration attorney at Hans Burgos Law Firm. Contact us today at 305-442-1240 or fill in the online form for legal assistance in preparing your case.
