O-1A Visa

The O-1A Visa applies to individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry). To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

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O-1A VISA

 Individuals with extraordinary ability

GENERAL CRITERIA

The O-1 Visa applies to individuals with an “extraordinary ability” in the sciences, education, business, athetics, or for those with extraordinary achivement in motion picture or television industry. the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. visas are available with no annual limit on the number of people who can receive it, and a job offer from a U.S. employer is a basic requirement for the O-1 visa.

An Extraordinary ability means distinction, high level of achievement in the field by a degree or level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

 CLASSIFICATION OF THE O-1 VISA

O-1A VISA individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

 

O-1B VISA individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

 

O-2 VISA O-3 VISA
Are individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.

 In the case of O-1A: the O-2’s assistance needs to be an “integral part” of the O-1A’s activity.

In the case of O-1B: the O-2’s assistance must be “essential” to the completion of the O-1B’s project.

The applicant of an O-2 need to has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker.

Are Individuals who are spouse or children of an O-1’s or O-2’s

KEY FEATURES OF THE O-1 VISA

Some of the advantages and disadvantages of the O visa include:

  • The O visa holder can work legally in the U.S. for the O visa sponsor. If, however, the worker wants to change jobs, a new visa is necessary.
  • O visas can be issued fairly quickly.
  • O visas will be granted for the length of time necessary for a particular event, up to a maximum of three years, with unlimited extensions in one-year increments. As an O nonimmigrant, the Applicant may be admitted into the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends.
  • The O visa holder and family may travel in and out of the U.S. or stay continuously for as long as the visa stamp and status are valid.
  • A spouse and unmarried children under age 21 may accompany the O visa holder, but they may not accept employment in the United States.

APPLICATION PROCESS FOR O-1 VISA

To apply for the o-1 visa, the petitioner need to file the Form I-129 (Petition for Nonimmigrant Worker) and it should be field with in 45 days before the date of employment.

The applicant need to submit the Form and the following documents:

  • the applicant must submit a written advisory opinion from a peer group or a person with expertise in the area of ability. (if can’t demonstrate that with an appropriate peer group or person of expertise in the area, then the decision will be based on the evidence of record.)
  • A copy of any written contract between the applicant and the employeer or a summary of the terms of the oral agreement under which the applicant will be employed. (the evidence can include emails between the parties, or any other evidence that can demostrate that the agreement was created.)
  • A copy of any itinerary for the events or activities, if applicable including the begining and ending date for those.

APPLICATION PROCESS FOR O-2 VISA

To apply for the O-2 visa, the petitioner need to file the Form I-129, Petition for Nonimmigrant Worker, and it should be field with in 45 days before the date of employment

The applicant need to submit the Form and the following documents:

  • If O-2 petition is for support of an individual with extraordinary ability in athletics or the arts, the applicat must submit a written proof from the appropriate labor organization, and If the O-2 petition is for support of an individual with extraordinary achievement in motion pictures or television, the proof must come from an appropriate labor organization and a management organization with expertise in the skill area involved.
  • If the Applicant can’t demonstrate that by an appropriate peer group or labor organization decision will be based on the evidence of record.

O-3 VISA: FAMILY OF O-1 AND O-2 VISA HOLDERS (SPOUSE AND CHILDREN)

spouse and children under the age of 21 may be eligible to apply for an O-3 visa, They can’t work in the United States, but they can study full or part time on an O-3 visa.

 

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