Qualifying for an O-1 Visa

The O-1 visa is a non-resident US visa for people who demonstrate extraordinary ability in their field, whether that be the arts, sport, business, education, or the sciences.

The O-1 could be considered the non-resident equivalent of the EB-1 ( the “Extraordinary Ability Green Card”, which gives permanent residency). This does not mean that the requirements to obtain an O-1 are any lower: the applicant needs to prove they are at the top of their field.

O-1:  Alien with Extraordinary Ability in Sciences, Art, Education, Business, or Athletics

The O-1 visa classification is intended for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.  To qualify, an applicant must generally have extraordinary ability demonstrated by sustained national or international acclaim.  Artists and entertainers in the television and motion picture industries are treated somewhat differently and must demonstrate a record of extraordinary achievement.  These objective O-1 requirements mean that applicants must present extensive documentation that demonstrates that they have received recognition of their extraordinary abilities and/or achievements from qualified, objective sources in their occupational field.

O-1 visas are based on a petition filed by a U.S. employer offering a specific job in the U.S. that requires a person of extraordinary ability. The petitioning employer must submit evidence that the prospective employee meets the established O-1 criteria, that the position offered requires an individual of extraordinary ability, and that the individual is coming to the U.S. to continue to work in the same area.  O-1 status may be granted for an initial stay of a maximum of three years and may be renewed indefinitely in one-year increments.

Dependents of an O-1 visa holder (i.e. spouse or unmarried children under age 21) can apply for O-3 visas, which allow them to accompany the primary visa holder for the duration of their stay in the United States, either arriving with the O-1 holder or at a later date. O-3 visa holders are permitted to study but not to work in the U.S.

At the Kameli Law, we take pride in our work, and our tradition of excellence has long been a factor in attracting the best and brightest legal talent to our firm. Our attorneys possess significant business experience and education in addition to their legal training.

Contact us today to assist you with your O-1 application.

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