O1 Visas include Entertainment Industry Visas and Extraordinary Ability Visas for others in specified professional fields. Additional O Visas exists for the applicants support teams and dependent family members.
The O-1A Visa is for individuals who have demonstrated an extraordinary ability/achievement in the professional fields of science, education, business, or athletics.
The O-1B Visa is for individuals who have demonstrated an extraordinary ability/achievement in the motion picture, television or music industry.
The O-2 Visa is for the essential support team of persons or crew coming along with of O-1A or O-1B visas holders.
The O-3 Visa allows the spouse and unmarried children under 21-years-old of O1 and O2 visa holders to reside in the United States.
O-1A Visa: Science, Education, Business, or Athletics
In petitioning for an O-1A visa, as a person with extraordinary ability in science, education, business or athletics, the regulations require that you evidence a level of expertise that only a small percentage of persons have attained in the specific field. Extraordinary ability can be evidenced by a internationally recognized award, or by evidencing at least three of the following:
- Receipt of nationally or internationally recognized awards
- Membership in organizations that require outstanding achievement
- Published materials about the applicant in professional or major trade journals
- Being a judge or the work of others
- Evidencing original scholarly work of significance in the field
- Authorship of scholarly work
- Evidence of previous work in an essential capacity at an organization with a distinguished reputation
- Commanded a high salary or commanding a high salary in the future in relation to others in the field.
Although these are the suggested evidentiary materials, other comparable evidence is also permitted where an occupation does not lend itself to these particular requirements.
In addition to evidencing ones ability in the field there are additional requirements that need to be satisfied such as advisory opinions from appropriate labor unions, evidence of upcoming work in the U.S., and issues relating to agents.
O-1B Visa: Motion Picture, Television or Music industry
In petitioning for an O-1B visa, as a person with extraordinary ability in the Motion Picture, Television or Music industry the regulations require that you evidence prominence in your field. There are two routes to O-1B visa qualification.
The first, an extremely limited opportunity, requires an applicant to have received recognition for his/her work via a major nationally or internationally recognized award such as an Academy award or an Emmy or its equivalent.
The other, much more accessible opportunity to qualify for this visa, requires an applicant to satisfy at least three of six suggested criteria. Note that although the regulations state that only three of these six need be proven, a well prepared petition will touch on as many of these six as possible.
- Performed and will perform services as a lead or starring participant in a production or event that has a distinguished reputation
- Received national or international recognition for achievements (note that this does not have to rise to the level of an Academy award to be persuasive)
- Performed or starred in a lead role for an organization that has a distinguished reputation
- A record of commercial or critically acclaimed success as evidenced via standing in the field, ratings, reviews, or through others forms of evidence
- Received recognition for achievements from organizations, critics, or other experts in the field via testimonials; and/or
- Commanded or will command a high salary for services in relation to others in the field.
One of the keys to a successful O-1B visa petition is to show that your degree of skill and recognition is above that level ordinarily encountered in the field.
O-2 Visa: Support Team or Crew
In order to qualify for an O-2 visa the person or persons must to be:
- An integral part of the performance or activity
- Must have experience related to the activity that are not of a general nature
- The person must have a foreign residence which they do not intend to abandon
O-3 Visa: Dependent
The is intended for the spouse and unmarried children under 21-years-old of O1 or O2 visa holders.The O-3 visa allows the dependent family members to reside in the United States.
Contact the experienced Immigration Attorneys of Muston and Jack
to discuss the details of your particular O Visa case.
Phone - (626) 398 1992
Email – [email protected]