O-1 VISA PETITION


	LAW OFFICE OF AJAY K. ARORA Empire State Building 350 Fifth Avenue, Suite 1415A New York, NY 10118 Phone: (212)268-3580 Fax: (212)268-3582 Email: info@h1b1.com

Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk.

H-1B

PERM

L-1

EB-1

NIW

O-1

FAMILY SPONSORSHIP

OTHER IMMIGRATION

O-1 VISA

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.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

Ajay K. Arora, Esq., is a prominent member of the Immigration & Nationality bar in New York City and a member of the American Immigration Lawyers Association. He may be contacted at (212)268-3580.