O Visa - Individuals of Extraordinary Ability
Our attorneys have extensive experience with assisting foreign nationals with filing their O-1 visas and are proud of our high success rate with these filings. O-1A visas are for individuals who have extraordinary ability in Science, Education, Business or Athletics. O-1B visas are for individuals who have extraordinary ability in the Motion Picture and Television industry. Visas are available to the O-1 visa holder’s staff (O-2), as well as for the O-1 visa holder’s dependants (O-3). There is currently no annual cap on O visas. The O visa is a “dual intent” visa, meaning that a visa will not be denied because an individual has intentions to become a permanent resident.
O-2 Support Personnel
The O-2 category applies to foreign nationals accompanying an O-1 artist or athlete to assist in a specific event or performance. This person would be acting as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete because they perform support services which cannot be performed by a U.S. worker which are essential to the performance.
O-3 Dependents
Dependents of the O-1 visa holder are admitted under O-3 status. They may not work in the U.S. under this classification.
Eligibility Requirements
The work performed must be temporary. The individual must possess skills that are extraordinary within the field of sciences, arts, education, business, athletics, or within the field of motion picture or television industry. Proof of extraordinary ability can be contracts, awards, nominations, fees earned, published articles, etc that document the individual’s achievement.
An O-1 petition has an initial period of stay of up to 3 years. Subsequent extensions may last for no more than one year at a time and there is no limit to the number of extensions that may be filed. Extensions may be granted indefinitely if the need for the employment remains. An O-1 employee that has filed an extension petition can continue working while the extension request is pending with U.S. Citizenship and Immigration Services (USCIS) for up to 240 days beyond the expiration of the authorized stay.
The O-1 petition and approval process takes approximately 3 to 4 months. If needed, USCIS offers an option for expediting O-1 petitions called Premium Processing which will require an additional $1000 fee. Premium processing can reduce O-1 processing times significantly. However, you should be aware that premium processing only promises a response to the petition within 15 days. If USCIS requires additional information, they may respond with a Request for Evidence (RFE). Once USCIS receives the additional evidence that you submit in response, the 15-day clock begins again. In other words, USCIS approval of the O-1 visa petition is not guaranteed within 15 days.
The following documents must accompany an O visa application:
- Form DS-156 (non-immigrant visa application)
- Passport of the applicant
- A recent photograph meeting USCIS requirements
- Visa application fee
- Approval Notice (Form I-797) of the O petition
- Formal job offer letter
- Advisory Opinion
- O-1 petition
- Supporting evidence of extraordinary ability
To show extraordinary ability, the applicant must demonstrate the following:
- Receipt of nationally or internationally recognized awards or prizes for excellence
- Membership in associations in the field of extraordinary ability which require outstanding achievement
- Citations in professional publications
- Participation on a panel or as a judge of the work of others in the same field
- Original scientific, scholarly or business contributions of major significance
- Authorship of scholarly articles in professional journals or major media
- Evidence of high salary or other significantly high remuneration for services related to the applicant’s occupation
Please contact us to start your immigration application now.