O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O-1 visa is a U.S. nonimmigrant visa designed for foreign nationals who possess extraordinary ability or achievement in their field. It is commonly used by scientists, educators, business professionals, athletes, artists, and entertainers.

Types of O-1 Visas:

  1. O-1A: For individuals with extraordinary ability in:
    • Sciences
    • Education
    • Business
    • Athletics

     

  2. O-1B: For individuals with extraordinary ability in:
    • The arts (musicians, actors, visual artists, dancers, etc.)
    • The motion picture or television industry

Eligibility Requirements for O-1A (Science, Education, Business, Athletics):

You must demonstrate extraordinary ability through sustained national or international acclaim, and you must be coming to the U.S. to work in your area of expertise.

Evidence must show:

  • Receipt of a major internationally recognized award (e.g., Nobel Prize)OR
  • At least three of the following:
    • Receipt of nationally or internationally recognized prizes or awards
    • Membership in associations that require outstanding achievements
    • Published material about the person in professional or major trade publications
    • Participation as a judge of the work of others
    • Original contributions of major significance in the field
    • Authorship of scholarly articles in professional journals or media
    • Employment in a critical or essential capacity for distinguished organizations
    • Commanding a high salary or remuneration

Eligibility Requirements for O-1B (Arts and Entertainment):

You must demonstrate distinction in your field (a high level of achievement and recognition).

Evidence must show:

  • Nomination for or receipt of a significant national or international award (e.g., Grammy, Emmy)OR
  • At least three of the following:
    • Performed or will perform as a lead or starring participant in productions or events with distinguished reputations
    • Achievements recognized in critical reviews, media, or trade publications
    • Performed in a lead/starring capacity for distinguished organizations or establishments
    • Record of major commercial or critically acclaimed successes
    • Received significant recognition from organizations, critics, or government agencies
    • Commanded or will command a high salary in relation to others in the field

     

 

General Requirements for All O-1 Applicants:

  • A U.S. employer or agent must file Form I-129 with USCIS on your behalf.
  • A written consultation or advisory opinion from a peer group, labor organization, or expert in the field is typically required.
  • Detailed employment itinerary and contract(s) outlining the nature of the work.
  • Proof that you will work only in your area of extraordinary ability while in the U.S.

O-2 Visa: Support Personnel for O-1 Visa Holders

The O-2 visa is for individuals who will accompany and assist an O-1 visa holder. These are typically technical staff, assistants, or crew members.

Who Qualifies?

  • The applicant must provide essential support services that are integral to the performance or activities of the O-1 beneficiary.
  • The services must require critical skills and experience that cannot be easily provided by U.S. workers.

 

Additional Requirements:

  • The O-2 must be petitioned for using Form I-129, filed by the same petitioner as the O-1.
  • For O-1A, the O-2 must have a long-standing working relationship with the O-1.
  • For O-1B, especially in the arts or film/TV, the O-2 must have prior experience working with the O-1 and be essential to the production.

Duration of Stay:

  • Initial Stay: Up to 3 years for O-1 and O-2.
  • Extensions: Granted in 1-year increments, based on continued engagement in the same activity or event.

Family Members (O-3 Visa):

  • Spouses and children under 21 may apply for O-3 visas.
  • They may study in the U.S. but cannot work.

Our Expertise and Services:

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance:

After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Monir Mehran Law Firm, we understand how life-changing immigration matters can be. Whether you’re seeking a visa, permanent residency, citizenship, or facing removal proceedings, our dedicated team of experienced immigration attorneys and paralegals is here to guide you every step of the way. We navigate the complexities of U.S. immigration law with precision and care, helping individuals and families move forward with confidence.

Immigration law can be complex and varies depending on your unique circumstances. It’s essential to consult with an experienced immigration attorney before taking any legal steps. Contact us at +1 (470) 800-9213 or [email protected] for a free consultation.