The O category is reserved for:
Aliens of extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim (O-1A),
If in a motion picture or TV production, the person must have "a demonstrated record of extraordinary achievement." Person need to demonstrate that his/her achievements have been recognized in the field "through extensive documentation."
Artist's or athlete's support staff (O-2), and
O-1's spouse and/or child(ren) (O-3).
Note that unlike H-1B visa, O visa does not have an annual cap. Thus filing O visa, provided the Beneficiary is eligible, is an extremely good option in the event annual quota for H-1B is over.
It is important to note that the person must seek to enter for the purpose of continuing the type of work, but there is not requirement that the person is coming to the U.S. to perform services requiring a person of O-1 caliber. To qualify, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. There is currently no annual cap on O visas.
O-1 Extraordinary Ability (Science, Education, Business, or Athletics)
The O-1 category applies to alien is coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).
Establishing Extraordinary Ability in Science, Education, Business or Athletics
Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:
Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
Published material in professional or major trade publications, newspapers or other major media about the alien and his work in the field for which classification is sought;
Judgment of the work of the others;
Original scientific, scholarly, or business-related contributions of major significance in the field;
Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
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Other documentation shall include:
A written advisory opinion from appropriate union, if one exits, describing Beneficiary's abilities/achievements in the field and duties to be performed
Petition may contain a non-union opinions from any expert resource
A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.
If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.
O-1 Extraordinary Ability (Arts, Motion Picture, or Television)
The O-1 category also applies to aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
The Beneficiary must prove that s/he is prominent in his or her field by being nominated for or the recipient of a significant international or national award of prize, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or by documenting at least three of the following suggested criteria:
Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
Lead for production that has a distinguished reputation;
A record of major commercial or critically acclaimed successes, as shown by box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field
A high salary or other substantial remuneration for services in relation to others in the field.
Other documentation shall include:
A written advisory opinion from appropriate union, if one exits, describing Beneficiary's abilities/achievements in the field and duties to be performed
Petition may contain a non-union opinions from any expert resource
A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.
If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.
O-2 Support Personnel
The O-2 category applies to aliens accompanying an O-1 artist or athlete to assist in a specific event or performance. This person would be acting as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete because he or she performs support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.
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O-2 petitions must contain:
A written advisory opinion.
-If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary ability in the arts, the opinion must be from a labor organization with expertise in the skill area involved.
-If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary achievement in the field of motion picture or television, the opinion must be from a labor organization and a management organization with expertise in the skill area involved.
Evidence of the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien, and that the alien has substantial experience utilizing the critical skills and essential support services for the O-1. In the case of a specific motion picture or television production, the evidence shall establish that significant production has taken place outside the U.S., and will take place inside the U.S. and that the continuing participation of the alien is essential to the successful completion of the production.
O-3 Dependents
Spouses and minor children (dependents) of O-1's are admitted under O-3 status with the same restrictions as the principal. They may not work in the U.S. under this classification
How We May Help You?
Our office has successfully filed many O visa petitions. We can guide you regarding obtaining the appropriate evidence to establish extra-ordinary ability. We can determine based on the documentation presented to our office, if the Beneficiary is eligible to file for O-1 visa. Please note that O-1 visa is good option for many, especially if the H-1B cap is over. O visa does not have a cap like H-1B. We prepare and submit paperwork and submit it to the U.S.C.I.S. If applicable, we can prepare and file applications for dependent family members, as well. For those who require or choose consular processing, we can then assist with the same as well.
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