When it comes to temporary work in the United States, certain advantages are afforded to outstanding individuals. US law gives priority to celebrated athletes, distinguished scientists, award-winning novelists, among other people with remarkable achievements. The O-Visa is a relatively fast way for nonimmigrants to enter the country for short term employment with an O-Visa sponsor.
How do you ensure that you have the “extraordinary abilities” that the visa requires? There are several criteria used to determine your eligibility, and an immigration attorney is best qualified to assess your particular case. Take a look at the basic facts before you make your move. Whether you are an individual looking to work in the United States temporarily, or a US company looking to hire and sponsor someone with exceptional talent, you should familiarize yourself with the O-Visa and its features.
The O-Visa is designed for nonimmigrants who have demonstrated what is called “extraordinary abilities” or achievements in one of several possible categories. If you possess an exceptional aptitude for the sciences, arts, education, business, or athletics; or if you have been recognized nationally or internationally for work in the film or television industry, then you may be qualified for the visa. The O-Visa is separated into four distinct classifications, with two of them reserved for essential work partners and family of the visa holder, respectively.
Generally speaking, your claim to exceptional talent must be supported by sustained national or international acclaim before you can qualify for an O-1 visa. Your eligibility only applies to temporary work within the same area of expertise.
As an O-1A applicant, you need to demonstrate excellence within the field of science, education, business, or athletics. You should be one among a small percentage of individuals who can claim to be the best in your field, such as an Olympic medalist or a Nobel Prize winner. Your supporting documentation can also include evidence of a high salary, a prestigious award, a significant publication history, or another major contribution to your field.
In the case of an O-1B visa within the arts, you must be a renowned or prominent figure in the art industry. The “art” category is quite broad and can include anything from a musician to a makeup artist, as long as you can prove your involvement in a critically acclaimed arts project or widespread recognition for your achievements.
The other group of O-1B visa beneficiaries, the motion picture and television industry figures, must also demonstrate their achievements and skill with a degree of recognition that far exceeds the average individual. This can be proven with an Oscar, Emmy, or Grammy nomination, a lead role in a major film, or a critical position within a distinguished organization. In short, an O-1 recipient is an outstanding individual who enjoys a remarkably high level of recognition within his or her field of expertise.
An O-2 individual must accompany the O-1 recipient and provide assistance that is integral to the O-1’s performance in the specified endeavor. If an O-1 needs your particular skills or experience in order to succeed—in other words, there is no equivalent US worker who could act as your replacement—then you stand a fair chance. O-3 visas are intended for the spouses and children of O-1 and O-2 beneficiaries. It is crucial in all cases to ensure that your application materials are properly filed.
The O-1, O-2, and O-3 visas each have their own application processes, each requiring its own form and documentary evidence. The visas typically last up to three years and can be extended indefinitely on a year-to-year basis. No matter which type of O-Visa you need, you should consult a qualified attorney to help navigate the application process. The lawyers at Sánchez-Roig Law Firm, P.A. can help you file the application, submit the supporting documentation, and answer any questions you might have along the way. We’ll use our extensive legal knowledge to ensure you get to work as quickly as possible.
