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O-1 visas are visas dedicated to individuals who have been nationally or internationally recognized for either an extraordinary ability in business, education, science, arts, athletics, or have extraordinary achievements in motion pictures or television (such as actors/actresses, directors, and producers) This page will serve as a resource for all things O-1 visas as well as how an O-1 visa lawyer can help you.
What is the O-1 Visa Program?
According to the U.S. Department of State, the O-1 Visa program was created by the Immigration Act of 1990 to provide specifically for “the admission of persons with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.”
This program is broken down into two types: O-1A Visas and O-1B Visas. We will discuss each of these types of O-1 Visa and how to qualify.
O-1 Visa Qualifications
In this next section, we will review the qualifications for both the O-1A Visas and the O-1B Visas.
O-1A visa applicants must show that they have an extraordinary ability in the sciences, arts, education, business, or athletics. An applicant can accomplish the evidence requirements for an O-1A visa by having received a major award in their field, such as the Nobel Prize. In the case an applicant has not been awarded a major award, they must present evidence for at least three of the following:
- Applicant has membership in related associations that require outstanding achievements to join
- Applicant has published articles about the applicant and the applicant’s work in the field
- Applicant has significant and original contributions to the field
- Applicant has a demonstrated portfolio of published journals in scholarly journal publications
- Applicant has a high salary that shows his/her extraordinary ability
- Applicant has been on a panel that judges others in the field or has done so individually
- Applicant has been employed by a distinguished top organization or establishment in an essential role
- Applicant has received awards or prizes for excellence in their field
O-1B visa applicants must show that they have an extraordinary achievement in the motion picture or TV industry, such as winning a Grammy or an Oscar. In the case they don’t have such an awards, they must show evidence of at least three of the following criteria:
- Applicant has national or International recognition for past achievements
- Applicant has evidence of past or future performances as a lead or star participant in a distinguished production, organization, or establishment
- Applicant has evidence of significant commercial success or critical recognition
- Applicant has recognition from critics, experts or government agencies for achievements in the field
- Applicant has evidence of receiving compensation for work that demonstrates an extraordinary ability compared to others in a similar field
- Applicant must show evidence of past or future performances in a leading role or as a star participant in distinguished events or productions
Because of the wide variety of possible items and fields that an applicant could qualify for, we advise you to speak with our qualified O-1 visa lawyers by contacting us here.
O-1 Visa Application Process
To receive an O-1 visa, an employer must file form I-129 along with a written opinion from an industry peer group or labor union. In the case of someone in the movie industry or television industry, a written opinion must be obtained from someone from a management organization and appropriate labor union. This letter is very important, and an experienced O-1 Visa Lawyer in Miami, Florida can help review this and make suggestions if it should be changed before we submit it.
Next, a copy of the contract between the employer and the O-1 visa applicant must be obtained.
Finally, an itinerary must be filed to explain the nature of events the visa applicant will be participating in as well as the beginning and ending dates, if applicable. Many times O-1 visa holders can stay up to 3 years, with the opportunity to extend this.
A qualified O-1 visa lawyer can help you navigate this complex process to make sure that you’ve gathered the best evidence for your case as well as help you submit all documents to meet the regulations and deadlines set. We also prepare a detailed cover letter outlining exactly how you qualify for the visa, which is extremely important in persuading the immigration officer to approve your case.
If you need personal guidance, you can schedule an immigration strategy session here.
Hire a Top O-1 Visa Lawyer in Miami, Florida
You need a partner who can help you succeed in your O-1 case, and Immigration law is all we do at Immigration Lawyers USA - we can help! We specialize in the O-1 Investment Visa process and are top immigration lawyers in Miami, Florida. Give Immigration Lawyers USA a call at 305-501-0783 or contact us here to schedule your consultation today!