O VisaWHO'S ELIGIBLE?

The O-1A non-immigrant visa is set aside for aliens of “extraordinary” ability in the sciences, arts, education, business or athletics, which has been demonstrated by a sustained national or international acclaim. In addition, certain aliens accompanying or assisting those aliens, and their family members also may qualify.

There is also an O-1B category that can be used for those persons involved in the motion picture or TV industry. This category requires that the person must have a demonstrated record of extraordinary achievement which must have been recognized in the field through extensive documentation. It goes without saying that the bar is pretty high for those seeking to enter the U.S. in O status.

IMMIGRATION REQUIREMENTS

The basic requirements for O-1A status is that the applicant must be at the top of his/her profession or endeavor for which the alien seeks admittance into the Unites States. The beneficiary of an O visa may remain in the States until the event, project or activity for which the alien is admitted is completed. Again, this is a category that is closely scrutinized by USCIS.

The initial period of stay can be sought for three years and thereafter one year increments may be sought to complete the activity, event or project. An employer must petition for the O alien and the petition must be submitted only after the employer consults with a peer group, labor organization, or management organization regarding the work to be performed and the alien’s qualifications. In most cases the consultation takes the form of a written advisory opinion from a peer group.

REQUIREMENTS:

• receipt of a major, internationally-recognized award 

-OR-

Documentation of at least three of the following:

• receipt of nationally or internationally recognized prizes or awards in the field of endeavor
• membership in an association in the field which requires outstanding achievement of their members
• published material about the alien concerning the alien’s work in the field
• scientific, scholarly, or business-contributions of major significance in the field
• authorship of scholarly articles in the field in professional journals or other major media
• employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
• high salary or other remuneration commanded by the alien
• participation on a panel, or individually, as a judge of the works of others in the field.

QUESTIONS

If you have any questions concerning this visa or require our assistance, please contact our office at info@szelaw.com