O Visa Lawyer
The O nonimmigrant category is designated for individuals with extraordinary ability or achievement. This visa allows highly accomplished professionals, artists, and performers to work temporarily in the United States. There are two main types of O-1 visas, each tailored to different fields of expertise: the O-1A and the O-1B.
What are the Main Types of O-1 Visas?
O-1A Visa: For Science, Education, Business, and Athletics
The O-1A visa is intended for individuals who have demonstrated extraordinary ability in the sciences, education, business, or athletics. To qualify, applicants must show that they have risen to the very top of their field, supported by sustained national or international acclaim.
How to Qualify For an O-1A Visa
Eligibility can be established by receiving a major, internationally recognized award such as a Nobel Prize. More commonly, applicants qualify by providing evidence that they meet at least three of the following criteria:
- They have received national or international prizes for excellence in their field
- They are members of associations that require outstanding achievement
- There is published material about their work in major media or professional publications
- They authored scholarly articles in professional journals or other major media
- They have made original contributions of major significance in their field
- They have held essential roles in distinguished organizations
- Evidence of high salary or substantial earnings in the field
- Participation in a panel, or as a judge of the work of others
Applicants must also provide a contract or summary of the employment agreement with a U.S. petitioner, along with an itinerary that outlines the events or activities planned during their stay. A peer consultation from an expert or labor group in the applicant’s field is typically required.
O-1B Visa: For Arts, Motion Picture, and Television Professionals
The O-1B visa is specifically for individuals with extraordinary abilities in the arts, or extraordinary achievement in the motion picture or television industry. This category applies to artists, actors, musicians, directors, and others working in creative industries.
Extraordinary ability in the arts refers to a level of achievement significantly above that ordinarily encountered, where the individual is recognized as prominent or well-known. For motion picture and television professionals, the standard is even higher, requiring proof of outstanding, notable, or leading achievements.
How to Qualify For an O-1B Visa
There are two primary ways to demonstrate eligibility. The first way is to provide evidence that the beneficiary has received or been nominated for a significant national or international award in the field, such as a Grammy, Academy Award, Emmy, or Directors Guild Award. Alternatively, applicants may qualify by meeting at least three of several criteria:
- Lead or starring role in productions with a distinguished reputation
- National or international recognition through critical reviews or media coverage
- Key roles in well-respected organizations or productions
- A record of commercial or critical success
- Significant recognition from experts, critics, or professional organizations
- Evidence of high salary or substantial earnings in the field
For O-1B applicants, it must also be shown that they have specific engagements in the U.S. already in place. This is often utilized by freelancers and requires a sponsoring U.S. employer or agent. Agents filing on behalf of multiple employers must provide detailed itineraries, contracts, and documentation of authorization.
For those in the arts, a written advisory opinion is required and must come from a relevant peer group or labor organization. For those in the motion picture or television industry, advisory opinions are needed from both a labor union and a management organization.
What is the O-1 Visa Application Process?
Applying for an O-1 visa involved several critical steps, and thorough preparation is key to a successful outcome. While each case is unique, the general process typically includes:
- Initial consultation where the applicant works with an immigration attorney to determine eligibility under the O-1 category. This includes gathering information about the applicant’s achievements, upcoming work in the U.S., and the appropriate petitioner or agent.
- Collect evidence such as contracts, press coverage, letters of recommendation, awards, publications, and other records that showcase the applicant’s qualifications.
- Peer consultation from a relevant peer group, labor union, or management organization in the applicant’s field.
- U.S. petitioner files for Form I-129, petition for a non-immigrant worker, along with the compiled supporting documents and required fees. Premium processing is available for faster review.
- USCIS Reviews Petition, if additional evidence is needed, a Request for Evidence (RFE) may be issued.
- Following the approval, if the applicant is outside of the U.S., the applicant attends a visa interview at a U.S. consulate or embassy in their country, except Canadians, who are exempt. Those already in the U.S. may apply for a change of status.
- Upon approval and visa issuance, the applicant can enter the U.S. to begin work. The O-1 status is typically granted for up to three years, with extensions available in 1-3 year increments
Why Work with Berardi’s O-1 Visa Lawyers?
Berardi Immigration Law has a proven track record of success with O-1 visa petitions, having handled hundreds of cases for a diverse range of extraordinary individuals. Our expertise spans various fields, including business, entertainment, social media, sports, science, and medicine. We have successfully secured O-1 visas for countless individuals, including one from business executives, to celebrities, to artists, to ballroom dancers, to cutting-edge researchers, and even highly skilled physicians. Our team excels at analyzing each unique case, identifying the client’s exceptional abilities, and crafting compelling arguments that align with the O-1 visa criteria. Our meticulous approach has resulted in a high approval rate for our O-1 petitions. We understand the nuances of demonstrating extraordinary ability and have the experience to present our clients’ achievements in the most favorable light, maximizing their chances of approval.
