When speaking about US non-immigrant work visas, most people immediately think of H visas, which are in fact the best-known and most conventional work visas. However, there are a number of other categories of non-immigrant work visas available to foreign nationals. One very important category is the O visa for exceptional foreign nationals.
As the title indicates, O-1 visas are non-immigrant visas for persons of extraordinary ability or achievement. There are two subcategories of O-1 visas.
Generally speaking, there are three major requirements for an O-1 visa. First, the visa is employer specific and you cannot self-petition for an O-1 visa. You need to have a contract with either a US employer or an agent in the United States, who will be the individual/entity that would file the petition for you. Second, the petition needs to be accompanied by an advisory opinion. Third, the employer/agent has to provide evidence that you have extraordinary ability or extraordinary achievement.
“Extraordinary ability” for purposes of O-1A visa means that the individual is one of the small percent of people who have arisen to the very top of their field (athletics, science, business, or education). This can be demonstrated by either showing the receipt of one-time major award like an Olympic Medal or a Noble Prize, OR show at least three of the following:
For purposes of O-1B visa in the arts or movies/TV, the person has to demonstrate that they are prominent in their field, which can be shown through a nomination or receipt of a major national or international award, like an Emmy, Grammy, or Director’s Guild Award. Alternatively, “prominence” or “achievement” can be shown with evidence of at least three of the following:
The above lists are in no way exhaustive, and supplemental and comparable evidence can be used to establish eligibility.
There are several notable benefits to going for an O-1 visa. First, compared to other non-immigrant work visas, obtaining an O-1 visa is relatively inexpensive. Second, while most other visas have a limited duration of stay (H1-B for six years, L visas for five or seven years), an O-1 visa allows for an initial period of stay for up to 3 years, but also allows for unlimited one-year extensions as long as you continue the work or complete the same event or activity. Third, there is no annual cap nor a labor certification requirement like there is for H-1B visas. Finally, O-1 visas are among the visas that allow for a “dual intent,” which allows you to pursue permanent residency, without putting your status in jeopardy.
In addition, O-1 visa holder is entitled to bring their spouse and children for the duration of his or her stay on an O-3 visa. If your status is extended, theirs will be extended along with yours. Furthermore, under the general umbrella of this category, if you are an athlete or an artist, you can bring along assistants or other personnel on an O-2 visa, if they can be considered essential to your work or performance.
Hiring a California Immigration AttorneyFor a more detailed information or questions about O visas or any other type of work visas, please contact The Justice Firm locally at (310) 914-2444 or our Toll-Free number at (866) 695-6714, or visit us on our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernardino counties.