O-1 Visa - Aliens of Extraordinary ability
Services O-1 visa
The O-1 Visa is for people with extraordinary abilities in science, art, education, business, or sports. To qualify in this category, the individual has to show that he or she is recognized and acclaimed nationally or internationally. The achievements have to be recognized and must be proven with documentation.
General
Information
The O-1 Visa is for people with extraordinary abilities in science, art, education, business, or sports. To qualify in this category, the individual has to show that he or she is recognized and acclaimed nationally or internationally. The achievements have to be recognized and must be proven with documentation.
Applicants in the fields of science, education, business, or athletics must demonstrate “sustained national or international acclaim” in their field, Applicants in the field of arts, on the other hand, must demonstrate “distinction” in their field. The individual must be seeking to come to the United States temporarily to continue to work in their area of extraordinary ability.
Requirements
The O-1 documentation has four (4) principal requirements:
1. Sponsorship by an employer, agent, or manager;
2. Job Offer(s);
3. Evidence of previous work in the field; and
4. Advisory Opinion.
Sponsorship
The O-1 Visa requires the applicant to be sponsored by a U.S. agent. A U.S. Agent may be:
• The actual employer of the beneficiary;
• The representative of both the employer and the beneficiary; or
• A person or entity authorized by the employer to act for, or in place of, the employer as its agent. Some individuals that may fall into this latter category include, but are not limited to: Actors, Entertains, Musicians, and Authors.
Principal
investor or
manager
The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. The government will not grant you an E-2 visa if they don’t believe you play an important role in the enterprise. You must show that you will be playing an important role in the enterprise, by developing and directing the investment enterprise. You should be able to demonstrate ownership of at least 50% of the enterprise, or possess operational control through a managerial position or other corporate devices.
Job
offers
Deal memos or contracts for scheduled work in the United States. Our firm will guide you in obtaining the proper job offer(s) to submit with your visa petition.
Evidence of previous
work in the field
Please note that only a sampling of the following is required to file a successful case. Every point does not fit every type of case.
A major component of the petition is evidence documenting the individual’s recognition or accomplishments in the field. The process of documenting the applicant’s career involves the collection of corroborating evidence demonstrating the individual’s accomplishments in their field. This evidence can include, but is not limited to:
• 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.
Advisory
opinion
USCIS requires 1-2 consultation letters from the national office of an appropriate labor union and/or an appropriate management organization. Our firm takes care of requesting the consultation letter(s) from the appropriate organization(s). Please note that the labor union or management organizations generally charge a $250.00 fee for this service.