The
O-1 visa category is for individuals of Extraordinary Ability in the sciences,
education, business, arts or athletics and individuals of extraordinary
achievement in the motion picture and television industries. To be eligible for
O-1 visa, an individual must meet the statutory requirement of showing that the
individual has a high level of expertise indicating that the individual is one
of a small percentage who has risen to the top of his/her field of endeavor.
To
qualify for O-1 visa a foreign national must establish through documentation
that he/she is in the top of his respective field. This can be established
through evidence of receipt of a major, internationally recognized award such
as a Nobel Prize. In absence of such an award one can establish himself as a
qualifying alien through at least three of the following types of evidence:
1.
Receipt
of lesser nationally or internationally recognized prizes or awards for
excellence;
2.
Membership
in associations in the field which demand outstanding achievement of their
members;
3.
Published
material about the alien in professional or major trade publications or other
major media;
4.
Evidence
that the alien has judged the work of others, either individually or on a
panel;
5.
Evidence
of the alien's original scientific, scholarly, artistic, athletic, or
business-related contributions of major significance to the field;
6.
Evidence
of the alien's authorship of scholarly articles in professional or major trade
publications or other major media;
7.
Evidence
that the alien's work has been displayed at artistic exhibitions or showcases;
8.
Performance
of a leading or critical role in distinguished organizations;
9.
Evidence
that the alien commands a high salary or other significantly high remuneration
in relation to others in the field;
10.
Evidence
of commercial successes in the performing arts.
The
requirements for O-1 Status are very similar to those for the EB-1(A) (Alien of
Extraordinary Ability) employment based permanent residence category. The O-1 visa
is a nonimmigrant visa allowing an individual to temporarily live and be
employed in the US while EB-1(A) classification is
for those seeking permanent resident status.
There
is no set maximum period for O-1 status. Though O-1 extensions can be applied
for indefinitely, the length of the status is determined by the length of time
needed for the individual to perform his duties or activities with the
petitioning employer.
An initial stay is limited to no more than three years, provided the petition
can establish that the O-1 alien will need this much time for the proposed
employment. This period may be extended at one-year increments thereafter, upon
evidence showing that the alien's continued presence would be required.
Dependents
of O-1 visa holders will be granted O-3 visa which will allow them to enter and
remain in the US while the principal O-1 visa
holder maintains valid and lawful status.
Our
law firm will assist you in presenting your application in a manner which will
adequately emphasize your credentials to the USCIS in order to be successful.
We will provide you with information as to what details should be specified in
the recommendation letters and how it must be presented. We will also review,
edit and recommend necessary changes that will properly highlight your
qualifications. We will guide you by providing information on the supporting
documents to be obtained. In addition to the above, our office will ensure the
supporting documents are organized in a proper fashion which will enable the
reader to easily comprehend the issues presented to them. We will include with
the petition a support letter explaining how you qualify as an alien who is an
outstanding professor or researcher. We will ensure that the petition is
properly filed with the appropriate USICS service center and keep you informed
about the progress of your application.
Please contact our law firm for additional
discussion of this category and alternative options.