The O-1 nonimmigrant visa is available to individuals with exceptional abilities in the sciences, arts, education, business, or athletics.
The chief classifications include:
O-1A: Individuals with extraordinary ability in the sciences, education, business, or athletics (excluding the arts, motion pictures or television industry).
O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance.
O-3: Individuals who are the spouse or children of O-1’s and O-2’s.
To qualify for an O-1 visa, the applicant must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. The length of stay will be determined by the United States Citizenship and Immigration Services (USCIS) according to the time necessary to accomplish the proposed activity in increments of one year and up to three years total.
Because immigration law is complex, there’s a greater chance you’ll overlook something, as opposed to O-1 visa lawyers who handle these matters for a living. Don’t risk it.
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There’s a good chance you’re going to like your attorney from LawTrades and want to keep using him / her. By setting up that relationship for a visa, you have a legal expert to turn to when in need.
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O-1 Visa lawyers will be able to confirm you’re applying for the most viable visa. Also, legal advice can provide you with the necessary steps to prolong your stay.
What is the standard for “extraordinary ability” in the arts?
Extraordinary ability in the field of arts means distinction. Distinction is evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as “prominent” is renowned, leading, or well-known in the field of arts. To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
Can the family of someone who holds an O-1 visa also travel to the U.S.?
A spouse and unmarried children under age 21 may accompany the O visa holder, but they’re restricted from working in the U.S.
Can I acquire an O-1 visa without hiring an attorney?
Yes, but it’s a complex process. An experienced immigration attorney will streamline the process by acquiring and submitting all the necessary information in a timely fashion. A lawyer will also help communicate with the USCIS, if necessary.
What is the processing time for an O-1 petition?
The O-1 petition and approval process takes approximately 3 to 4 months. If needed, USCIS offers an option for expediting O-1 petitions called “premium processing.” There is a special fee for this service in addition to the normal USCIS filing fee. Premium processing can reduce O-1 processing times significantly. However, you should be aware that premium processing only promises a response to the petition within 15 days.
What is a Request for Evidence (RFE)?
An RFE is made when the USCIS determines that an application needs additional documentation / evidence to determine an applicant's eligibility for the benefit sought. The request will indicate what evidence or information is needed for authorities to fully evaluate an application or petition. The immigration attorneys on LawTrades are available for hosting businesses and applicants who need assistance answering an RFE.
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