Employment Based Nonimmigrant O-1 Visa
What is an O-1 visa?
The individuals must have “extraordinary ability” in the field of their expertise. Such ability must be extensively documented.
The O-1 visa is also available to those in arts, motion pictures and television who can demonstrate a record of “extraordinary achievement”. The USICS interprets the statute very broadly to encompass most fields of creative endeavor. The person entering the US must be coming to work in their field of ability.
An individual seeking an O-1 visa must have a sponsor. This means that the visa is employer specific and a job offer is needed from the sponsoring employer.
What are the requirements for O-1A qualification?
- Receipt of nationally or internationally recognized prizes/awards for excellence in the field;
- Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts;
- Published material in professional or major trade publications, newspapers or other major media about the alien and the alien’s work in the field for which classification is sought;
- Original scientific, scholarly, or business-related contributions of major significance in the field;
- Authorship of scholarly articles in professional journals or other major media;
- Past or current proffered high salary or other remuneration for services evidenced by contracts or other reliable evidence;
- Participation on a panel or individually as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
What are the requirements for O-1B qualification?
- Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
- Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
- Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials;
- A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
- Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the beneficiary's achievements
- A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.
What is the advisory opinion?
What if no appropriate union exists in the case of arts?
If no appropriate labor union exists, then the Petitioner has to demonstrate that an appropriate peer group, including a labor organization does not exist. USCIS will then make a decision based on the evidence of record.
Additionally, inthis situation, employers may submit an advisory opinion from an individual expert in the field, a peer group, or management organization that describes the beneficiary’s ability and achievements, the nature of the duties to be performed, and whether the services require someone of extraordinary ability.
Can the individual work for more than one employer?
What will happen if the employment of the O-1 holder is terminated?
What if the O-1 visa applicant has a permanent labor certification or has filed a preference petition for permanent residence?
How long can one maintain O-1 status?
An initial stay is limited to no more than three years, provided the petition can establish that the O-1 alien will need this much time for the proposed employment. This period may be extended at one-year increments thereafter, upon evidence showing that the alien’s continued presence would be required. An O-1 visa can be extended on a yearly basis for an indefinite period. The Form I-129 is to be filed by the employer to seek extension. Though the application for an extension does not include a consultation, it however requires a statement of the reason for an extension.
What type of visa will family members hold?
What is the O-2 visa?
- Have a vital role in the central performance;
- Have essential skills and a wealth of experience that is above average standards;
- Have a committed professional association with the O-1 visa holder;
- Must prove the possession of a foreign residence, which will not be abandoned. A specific date of exit should also be expressed. Must gain a labor consultation from the Labor Organization.
How do you file an extension of stay for O-3 Visa?
I am in J-1 status subject to the 2-year home country residence requirements. May I apply for O-1 status in U.S. to continue my research project?
Your employer needs to file an O-1 petition. Once the O-1 petition is approved, you need to apply for O-1 visa at a U.S. consulate abroad. After you obtain an O-1 visa, you can enter the U.S. without fulfilling the two year residency requirement or getting a waiver of the requirement.
What if the O-1 visa applicant has a permanent labor certification or has filed a petition for permanent residence?
As an employment related nonimmigrant status, what is difference between O-1 and other employment related nonimmigrant status, like H-1B?