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Immilawyers.com
Gateway to the U.S.A.

Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A.

561-459-7207

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O-1 Visa Lawyers

Find out more

O-1 Visas for Persons of Extraordinary AbilitY

Our Immigration Law Office is one of the top destinations for those seeking an O-1 or O-2 visa. With over 25 years of experience practicing immigration law exclusively, our immigration lawyers are well-trained and understand the meticulous O-1 visa application process. We will prepare and file your application as well as answer any questions you have along the way. 


Celebrity Immigration Lawyers


For over 22 years, our law offices in Miami, New York, and Toronto  have represented hundreds of celebrities in the fields of Acting, Music,  Film, Art, Science, Business, and Sports. We are known in the field as  the foremost “Celebrity Immigration Lawyers”. We have represented world  renown Bands, Chefs, Models, Playwrights, Olympic Gold Medalists, Oscar  Winners, Directors, and Grammy Winners, as well as Scientists and  Authors. To these and all clients, a lawyer from our office is available  24/7 to answer questions about their visa cases. We understand that our  celebrity clients require the O-1 visas at the earliest possible date.  Thus, our experienced lawyers prepare each O-1 case within 24-48 hours;  and can obtain visa approval, in most cases, within ten (10) days.

O-1 Visa Overview

The O-1 visa was established by Section 101(O)(i) of the Immigration  and Nationality Act and allows persons of extraordinary ability in the  arts, sciences, education, and athletics to enter the U.S. under  nonimmigrant O-1 status. Persons in the television or motion picture  industry may also qualify if they can show that their work has brought  them national or international recognition.  In order to qualify, the  person must provide evidence to substantiate their extraordinary ability  or achievement.


The O-1 visa consists of two categories: the O-1A visa and the O-1B  visa. The O-1A visa is designed for individuals with extraordinary  ability or achievement in the athletics, business, education, or  sciences, whereas the O-1B visa is designed for individuals that possess  extraordinary ability or achievement in the arts or television and film  industry.


O-1 Visa Requirements


In order to qualify as a person of extraordinary ability,  the  applicant must demonstrate that they have risen above others in their  field  to the point where they have gained national and international  recognition for  their work. They must also show that they are coming to  the United States for a  temporary period of time in order to continue  work related to their field of  expertise.


In the fields of athletics, business, education, and  science,  extraordinary ability refers to a great level of expertise, in which the  applicant falls within the top few percent of individuals in their  respective field.

In the fields of arts, extraordinary ability refers to  distinction.  The applicant must show that they have a much greater level of  skill  and recognition than the majority of individuals in their respective  field, indicating that they can be described as a leading or prominent  individual in the arts. 


In the field of the television and film industry,  extraordinary  ability refers to a skill or recognition that far exceeds that  normally  found in the industry. The person must be described as outstanding,  notable, or a leader in their field.


O-1 Visa Application Process


To apply for an O-1 visa, the petitioner  must file Form I-129  Petition for Nonimmigrant Worker. The petition must be  filed within a  year of the alien’s need of coming to the United States. In  order to  ensure that the visa is approved in the appropriate time period, one  should file Form I-129 at least 50 days before the alien is to continue  their  work in the United States.


O-1 Visa Consultation  Requirement: 

  • The applicant must provide a written advisory  opinion from a peer  group related to their field of expertise, or from an  individual  selected by the peer group that also has expertise in the field. The  advisory opinion may also come from labor organizations
  • In the case of applicants with expertise in the  television or  film industry the consultation may come from a labor union or  other  organization with expertise in the respective field 

Waiving of the O-1 Consultation Requirement:

  • The consultation requirement may be waived if  the petitioner can  show that the suitable organization does not exist. In this  case, the  petition will be solely based on the evidence provided by the  petitioner. In the case of the arts, the consultation requirement may be  waived  if the individual reenters the United States within 2 years of  having a  previous consultation. In this case, the petitioner should  include a copy of  the previous consultation along with a waiver  request. 


O-1 Visa Contract Between the Petitioner and the Beneficiary (Person of Extraordinary Ability)


A written agreement or contract between the petitioner and the  beneficiary (person of extraordinary ability) must be provided with the  I-129 Petition for Nonimmigrant Worker. An oral agreement may be  included instead of a written agreement or contract. The oral agreement  may consist of emails, written documents regarding the terms of the  agreement, and other correspondences between the petitioner and  beneficiary that verifies than an oral agreement was made between the  parties. The terms and conditions must include what both parties agree  to by entering into the agreement.

 

O-1 Visa Agent


An agent may be used in the O-1 visa process. The agent can  be the  employer, represent the petitioner/employer, represent the beneficiary  (person of extraordinary ability) or both. 

In the case where the person of extraordinary ability will  be  working in the United States under multiple employers, an agent can act  as  the petitioner and represent the other employers. In this case, the  agent can  file the I-129 Petitions for the multiple employers.

If the agent is to act as the petitioner for the multiple  employers,  the agent must include the following information with the I-129  petitions:

  • Documentation specifying the dates, events, and  venues in which  the person of extraordinary ability will participate in  activities  related to their field of expertise. The agent must include the  names,  addresses, and other information on the employers within the time  periods specified, as well as the names and addresses of the venues in  which  the activities will be performed 
  • Contacts or Agreements between the beneficiary  and the specified employers 
  • The agent must include an explanation of the  terms and conditions  of each of the provided contacts or agreements between the  beneficiary  and the actual employers

After the I-129 petition is approved, the person of  extraordinary  ability may travel to a U.S. embassy or Consulate in order to  obtain  their visa. 


The O-1 Agent Can Act as The Employer


In O-1 cases where the agent acts as the employer of the  person of  extraordinary ability, the agent must include the following  information  with the I-129 petition:
 

  • An agreement between the agent and the person of  extraordinary  ability (beneficiary) indicating the wage that is being offered  by the  agent, as well as the terms and conditions of the agreement. A summary  of the terms and conditions of an oral agreement or a written contract  between  the two parties will suffice
  • In cases where the person of extraordinary  ability will be  performing their services in more than one location, the agent  must  provide a complete itinerary that contains the dates, locations, and  venues in which the services are to be performed. If the agent is to act  as the  employer, an itinerary is absolutely necessary. It is best to  include as much  information as possible. The USCIS ultimately decides  whether the itinerary  requirement is met. The itinerary should conform  to the industry standards.


Contracts/Agreements


Based upon the provided contract or agreement with the I-129  petition, the USCIS will ultimately determine whether the agent is  acting as the employer or whether the agent is representing the  employer, multiple employers, the beneficiary, or a combination thereof.  Therefore the contract should specifically include the relationship  between the beneficiary (person of extraordinary ability) and the agent,  including but not limited to how, when, and the amount that the agent  will be paid.


O-1 Classification Based on Requirements

O-1A Visa Requirements


In order to be considered for an O-1A visa, the person of  extraordinary ability must be able to provide evidence that they have  received  an internationally acclaimed award, such as a Nobel Prize or  Olympic Gold  Medal, or the person of extraordinary ability must provide  three of the  following:

  • Evidence of a high salary or compensation for  their services as shown in contracts and service agreements 
  • Evidence that they have received national or  international prizes or awards 
  • Evidence of published material in professional  or other  publications, newspapers, or other media about the person of  extraordinary ability’s work
     
  • Evidence of the beneficiary’s authorship in  scholarly articles in professional journals or other major media 
  • Employment in an significant position in an  organization related to your field 
  • Evidence of membership in organizations related  to your field, which demands excellence of its members 
  • Evidence of participation as a judge of others  work in the same field for which an O-1 visa is sought 
  • Evidence of significant scholarly, scientific,  or business contributions to their field of expertise 


The petitioner may submit other evidence to substantiate the  claim  of extraordinary ability if the above criteria do not readily apply to  the field of expertise. 


O-1B Visa Requirements


To qualify for an O-1B visa, the petitioner must provide  evidence  that the person of extraordinary ability has been nominated for or has  received a significant national or international award, such as an  Academy  Award Grammy or provide at least three of the following:

  • Evidence of a high salary or compensation for  their services as shown in contracts and service agreements 
  • Evidence that the person of extraordinary ability  has performed  in a significant or critical role for a distinguished  organization. The  petitioner must provide information on the organization in  the form of  publications, testimonials, etc. 
  • Evidence that the person of extraordinary  ability will perform in  a lead or significant position in distinguished productions  or events.  The petitioner must provide evidence that the production is significant  through contracts, advertisements, publications, or other media 
  • Evidence that the person of extraordinary  ability has achieved  national or international recognition for their  accomplishments by  providing publications or other published material 
  • Evidence of the beneficiary’s successes by  providing film or  television, rankings, box office receipts, or other  indicators of rank  or success in the beneficiary’s field of expertise 
  • Evidence that that the person of extraordinary  ability has  achieved significant recognition in their field for their work from  organizations, agencies, and other experts in the beneficiary’s field of  expertise.  Evidence can include but is not limited to testimonials  indicating the  qualifications of the author and the achievements and  successes of the  beneficiary 


If the beneficiary’s field of expertise is in the field of  the arts,  and the above criteria does not generally apply, the petitioner may  provide other appropriate documentation to verify that the beneficiary  demonstrates extraordinary ability and expertise in their field. 


O-1 Visa Change in Employer


If while under an O-1 visa the person of extraordinary ability  changes employers, the new employer must file a new Form I-129. The new  petition must include information on the new employer including new  contracts and service agreements. If an agent filed the initial I-129,  then new information regarding the new employer must be accompanied by a  request for an extension of stay. 


O-1 Visa Change in Terms and Conditions of Employment


If there have been any changes in the terms and conditions of  employment in O-1 visa cases, the petitioner must file an amended  petition on Form I-129. The petition must be sent to the same USCIS  center in which the original I-129 was filed. In the Case of athletes,  if an athlete is traded to another team, legal employment may continue  for 30 days. Within the 30 day period, the new employer must file a new  I-129; otherwise the employee will lose employment authorization. If the  petition is denied, then the employee will lose employment  authorization and be out of status. 


O-1 Visa Period of Stay


The O-1 visa is valid for up to three years. The O-1 visa holder may  enter the United States 10 days before the validity period of the visa  and end 10 days after the validity period ends. The beneficiary must  only engage in employment upon which their visa was based.


O-1 Visa Extension of Stay


An extension of stay can be granted if an extension is needed in  order for the beneficiary to complete or continue the activities  mentioned in the initial I-129.


In order to apply for an extension of stay the petitioner must  complete and file Form I-129, and submit a copy of the person of  extraordinary ability’s Arrival/Departure Record (Form I-94). The  petitioner must also provide a written statement from the person of  extraordinary ability, stating the reason for the extension.

 

O-3 Visa For Spouse and Children of O-1 and O-2 Visa Holders


O-1 and O-2 visa holder's spouse and children under 21 years of age  are allowed to reside in the United States under O-3 status, as long as  the O-1 or O-2 visa remains valid.


O-3 Visa Extension of  Stay


In order for O-3 visa holders to obtain an extension of  stay, the  O-1 or O-2 visa holder must also be seeking an extension of stay. The  spouse and children must submit Form I-539  Application to Extend/Change  Nonimmigrant Status and provide supporting documentation to show why  need an extension of stay, along with the O-1 or O-2 visa  holder.


O-2 Visas for Individuals to Accompany O-1 Visa Holders


The O-2 nonimmigrant visa is designed for support staff of O-1  status holders. Those on O-2 status may accompany the O-1 artist or  athlete in order to assist them with their activities. In the case of an  O-1A visa, the presence of the O-2 individual must be essential for the  O-1 visa holder’s activities in the United States. In the case of O-1B  visas, the O-2 must have critical skills and great experience in the O-1  visa holder’s field of expertise, which makes the position unavailable  to U.S. workers. The O-1B visa holder must show that the presence of the  O-2 worker is necessary for the success of the O-1 status holder. 


O-2 Visa Application Process


The petitioner must file Form I-129 Petition for  Nonimmigrant worker  with the USCIS office listed on the form. The petitioner  must file  Form I-129 for the prospective O-2 employee at the same time the  I-129  is filed for the O-1 individual. The petitioner must file the I-129 not  more than one year before the O-1 and O-2 immigrant will begin their  work in  the United States. The I-129s should be filed at least 50 days  before the  aliens will begin employment, in order to avoid any delays  processing the visa.


O-2  Visa Consultation Requirement:
 

In the case of O-2 visas in the arts and athletics,  the consultation  must be from the appropriate labor organization. In the case  of O-2  visas in the television or film industry, the consultation must come  from the appropriate labor organization and management organization with  recognized expertise in the O-2’s respective field.


Required  Documentation for O-2 Visas:
 

The petitioner must show that the O-2 beneficiary  possesses the  appropriate skills and experience in their field of expertise,  wherein  the O-2’s presence is essential for the success of the O-1 beneficiary.  In the case of O-2 visas for the television and film industry, the  petitioner  must show that the skills and expertise of the O-2 is  essential for the success  of the production. In addition, the  petitioner must provide evidence that major  productions have taken  place by the O-1 and O-2 beneficiaries outside the  United States and  will take place in the United States if granted permission to  enter the  U.S. 

O-1 Visa FAQ (Frequently Asked Questions)

 

Are there any O-1 Visa Wage Requirements?


There are no specific wage requirements or guidelines. However, the  O-1 visa petition must still include  information on the wage offered to  the beneficiary. 


Are there any travel restrictions while on O-1  status?


There are no travel restrictions.


Can O-1 Visa cases be expedited?


Yes, the O-1 visa processing time can be reduced to  15 calendar  days. The USCIS allows for a premium processing service, where Form  I-907, Request for Premium Processing  Service is filed along with the  premium processing fee of $1,225.


Can I change status to O-1  visa status?


Yes, you may change  your status as long as you are qualified for the  O-1 visa. Those  that have entered the United States under J-1 status  and are subject to the two  year J-1 foreign residency requirement are  not allowed to change status to O-1  visa status, while in the United  States.


Can I change status  from a J-1 visa to an O-1 visa?


Yes, you may change  status from a J-1 status to O-1 status while in  the U.S. as long as you did not  enter the United States for graduate  medical training. You may also change from  a J-1 to an O-1 if you are  not subject to the 2 year foreign residency  requirement or were able to  obtain a waiver. J-1 visa holders that are subject  to INA §212(E) may  also apply for an O-1 visa through third  country processing, where the  applicant apply for the visa at a U.S. consulate in a country other than  their home country. In addition, if you entered the  U.S. for graduate  medical training or are subject to INA §212(E), your  employer may still  file forvisa and if approved, you must obtain the  visa outside of the  United States.


Can O-3 visa holders  work in the United States?


No, those on O-3 status cannot work in the U.S.


Can O-1 visa holders  work for more than one employer?


Yes, they make work for more than one employer, even at the same  time, as long as both employers  filed separate petitions with the  USCIS.


Can O-1 visa holders  change employers?


Yes, they  may change employers, as long as the new employer files  Form I-129, Petition  for a Nonimmigrant Worker, on behalf of the alien  of extraordinary ability. If  the O-1 petition was filed by an agent,  then the agent must file an amended  petition and request for an  extension of stay, along with supporting  documentation regarding the  new employer and the alien’s duties and  responsibilities.

 

Can I study while on an O-1 visa? 


You may engage in part time study, but  cannot be a full time student, as this defeats the purpose of the O-1 visa. 

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