O-1 Extraordinary Ability Visa:
The O-1 Extraordinary Ability visa is issued for individuals who have “extraordinary ability”in the fields of arts, science, education, business, or athletics which can be documented by national and / or international commendation for accomplishments in their field. The applicant must be coming to the U.S. to provided services in their field of extraordinary ability.
O-1A Visa – Science, education, business, or athletics:
The applicant must meet a minimum of three of the following conditions:
- Possess a nationally and / or internationally recognized prize / award for excellence in the field.
- Be a member of an association in the field of excellence, which requires outstanding achievements from their members.
- Have material published relating to work performed in the field of extraordinary ability, such as professional or major trade publications and media.
- Participation on a panel as a judge of the work of others in the same or related field of extraordinary ability.
- Significant contribution of scientific, scholarly, or business-related material.
- Have scholarly articles in professional journals or other major media.
- Employment by a distinguished organization and / or establishment in a critical or essential role.
High salary/compensation for services.
O-1B Visa – Arts:
The applicant must meet a minimum of three of the following conditions:
- Participation in a production or event of distinguished reputation in a lead or starring role.
- Receipt of national and / or international recognition for achievements.
- Perform for an organization and / or establishment of distinguished reputation in a lead, starring, or critical role.
- Record of major success evidenced by indicators such as title, rating, box office records, motion picture or television ratings, and / or achievements reported in publications such as major newspapers, trade journals.
- Organizations, critics, government agencies or other experts in the field of extraordinary ability must have provided the applicant with significant recognition for their achievements.
- The applicant must be able to prove through contracts or other reliable documentation that they received or will receive high remuneration for their services.
Other comparable evidence must be provided if the above-mentioned standards do not apply to the applicant’s field of extraordinary ability.
Important Considerations:
Only employers and agents can file O-1 applications on behalf of individuals. Individuals cannot petition for an O-1 visa for themselves. Both employers and agents must show available work for the O-1 worker.
O-1 visa applications generally require consultation letters from a peer group, organization, or labor / management association in the U.S. which has expertise in the applicant’s field of extraordinary ability.
The O-1 visa is generally issued for a period of 3 years, and can be extended in 1-year increments.
Individuals who will work by accompanying and assisting an O-1 visa holder as an integral part of a specific event or performance may obtain O-2 visas.
Spouses and children can accompany the O-1 holder in O-3 visa category, but they are not allowed to work in the U.S.
HOW WE CAN HELP YOU
The Kulen Law Firm provides an assessment for O-1 eligibility. We prepare and file O-1 visa applications for qualified individuals through their agents and employers. We provide assistance and advice regarding permissible activities and options for extensions or changes of status to and from O-1 visas.
