O1 Visa Lawyer for Aliens Of Extraordinary Abilities
Note: The O-1 visa is a temporary work visa available to foreign nationals who have “extraordinary ability in the sciences, arts, education, business or athletics.”
Note: The O-1 visa is also available to those in motion pictures and television who can demonstrate a record of “extraordinary achievement.”
Note: The requirement includes most creative fields, including make-up artists, set designers, choreographers, photographers, and carpenters.
Note: The O-1 visa is a great way for established foreign artists to bring their talents to U.S. markets. O-1 visas are valid for up to three years and may be extended in one year increments for ongoing projects.
Qualifications for O-1 Visa
Applicants for O-1 visas must demonstrate that they possess extraordinary ability in the arts, sciences, business, education, athletics, or the motion picture or television industry. The applicant must show that s/he has achieved sustained or international acclaim and an extraordinary record of achievement. The applicant must demonstrate that s/he is coming to the United States to perform temporary services for a U.S. employer relating to an event or series of events. An O-1 visa applicant must be petitioned by a U.S. company, or a U.S. agent. O-1 applicants may not self-petition.
Evidence for O-1 Visa Petitions
To demonstrate international recognition and extraordinary ability in the business or sciences, the O-1 visa applicant may provide evidence that s/he is the winner of an internationally-recognized award, such as a Nobel Prize, or by demonstrating at least three of the following:
To demonstrate international recognition and extraordinary ability in the arts and motion pictures and television, the O-1 visa applicant may also provide evidence that s/he is the winner of an internationally-recognized award, such as an Academy Award or a Grammy, or by demonstrating at least three of the following:
If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence in order to establish your eligibility. All applicants will also need to provide a contract between you and your employer. An itinerary of scheduled projects and events is also recommended.
Other Important Information for O Visa Applicants
Accompanying performers to an O-1 visa holder and assisting in the performance may be able to obtain an O-2 visa. To qualify for an O-2 visa, the assistant must show that s/he is integral to the performance(s); s/he has critical skills and experience that cannot be performed by another U.S. worker; and has a long-standing working relationship with the O-1 alien.
Dependents of O Visa Holders (the O-3 visa)
Spouses and children of an O-1 visa holder are eligible for O-3 visa status. Dependents may not engage in employment, but may attend school or college.