What is the O-1 Visa?
The O-1 visa is a nonimmigrant visa for individuals and entrepreneurs who have demonstrated extraordinary abilities in science, business, education, athletics, art, or the motion picture and television industry. It allows cardholders to live in the United States and to work in the area of extraordinary ability.
What are the Benefits of the O-1 Visa?
Many benefits accompany this type of visa, such as:
- Applicants can live and work within the United States for extended periods of time
- Spouses and unmarried children under 21 years of age may accompany the cardholder to the United States
- Applicants can work for multiple employers
- O-2 visas are available for the O-1 visa holder’s assistants
- There is no annual limit on the number of visas issued
- Visa is eligible for premium processing
Who is Eligible for the O-1 Visa?
Applicants who have won major, internationally recognized awards are immediately eligible for the O-1 visa. Examples of such awards include the Nobel Prize, Oscar, Emmy, Director’s Guild Award, Pulitzer Prize, and other equivalents.
Applicants who have not won such awards must meet the following basic criteria:
- Demonstrate an extraordinary ability
- Demonstrate sustained national or international acclaim
- Currently working in the field of extraordinary ability
- Employment in the United States must qualify as an event
- The petition must be filed by a United States employer, agent, or foreign employer through a U.S. agent
- Must have an advisory opinion from a peer group, labor organization, or management organization
How is Extraordinary Ability Demonstrated?
A common pitfall during the O-1 visa application process is a lack of supporting evidence to demonstrate sufficient success in the chosen field of extraordinary ability. Satisfying this criterion is highly dependent on the field of ability.
Proving Extraordinary Ability in Education, Science, Athletics, or Business
To demonstrate extraordinary ability in the fields of education, science, athletics, or business, the applicant must prove that they have reached a level of expertise that considers them to be among the small percentage who have risen to the top of the field.
This may be established through a one-time achievement of a major, internationally recognized award or, in the absence of such an award, by satisfying at least three of the following criteria:
- Membership in associations within the field that require outstanding achievement
- Published material relating to the applicant’s work in the field
- Participation on a panel or as a judge of the work of others in the field
- Original contribution of major significance to the field
- Self-published scholarly articles in professional journals or other major media pertaining to the field
- Employed in a critical capacity for organizations with a distinguished reputation
- Command or will command a higher salary for services
Proving Extraordinary Ability in the Arts
To demonstrate extraordinary ability in the arts, the applicant must prove distinction. In this case, distinction is defined as a high level of achievement, as evidenced by a degree of skill and recognition substantially above what is ordinarily encountered, which marks a person as prominent, renowned, leading, or well-known in the field.
This may be established through a one-time achievement of a major, internationally recognized award or by satisfying at least three of the following criteria:
- Performed or will perform in productions with a distinguished reputation
- Achieved national or international recognition in the field through critical reviews or other published materials
- Performed in organizations and establishments with distinguished reputation
- Record of any major commercial or critically acclaimed success
- Recipient of significant recognition for achievement
- Command or will command a higher salary for services
Proving Extraordinary Ability in the Motion Picture or Television Industry
To demonstrate extraordinary ability in the motion picture or television industry, the applicant must establish a very high level of accomplishment in the industry, evidenced by skill and recognition significantly above what is ordinarily encountered to the extent that the person is considered outstanding, notable, or leading in the field.
This may be established through a one-time achievement of a major, internationally recognized award or by satisfying at least three of the following criteria:
- Performed or will perform in productions with a distinguished reputation
- Achieved national or international recognition in the field through critical reviews or other published materials
- Performed or will perform in organizations and establishments with distinguished reputation
- Record of major commercial or critically acclaimed successes
- Significant recognition for achievements from recognized experts in the field
- Command or will command a higher salary for services
How is the Petition Filed?
Another problematic aspect of the application process is who files the petition. It is important to note that the O-1 visa cannot be self-petitioned and must be filed by a United States employer, agent, or foreign employer through a U.S. agent.
Filing through a U.S. employer:
- The applicant will be working for a single U.S. employer
- The employer should be an established business that maintains a business license
- If the applicant will be working for more than one employer, then all employers must file a petition, or a U.S. agent may file on behalf of the employers
Filing through a U.S. agent:
- If the applicant will be working for multiple U.S. employers, a U.S. agent may file the petition on behalf of all the employers
- The agent must submit a document explaining the terms and conditions of the employment
Filing through a foreign employer via a U.S. agent:
- If the applicant will be working for a foreign employer, a U.S. agent acting on behalf of the foreign employer will file the petition.
Do I Need an Attorney?
Problems and hurdles are frequently encountered during the visa application process. To expedite this process, you need an immigration attorney who knows the law. Call Stelmakh & Associates, LLC, today at 206-605-0550 or fill out a contact form for a consultation.
