The O-1 nonimmigrant visa category is for foreign nationals of “extraordinary ability” in the sciences, arts, education, business, or athletics. Family members and certain individuals accompanying or assisting these foreign nationals can also qualify.
This category is reserved for individuals who have risen to the very top of their fields and can provide documentary evidence to substantiate this claim. Some examples include nationally or internationally recognized athletes, artist, entertainers, highly qualifies chefs and businessmen who may not have a bachelor’s degree.
The O-1 is a great visa option for those who do not qualify for the H-1B or the L-1A because of yearly caps or other issues. The O-1 visa does not have a “prevailing wage” requirement like the H-1B. There is also no foreign residence requirement.
At The Fleischer Law Firm LLC, we can help you assess your eligibility and walk you through the application process. The O-1 visa comes with many benefits, and we look forward to helping you access this advantageous status.
The Level of Assistance You Deserve
The O-1A process is complex, and USCIS heavily scrutinizes applications. Let our team at The Fleischer Law Firm LLC give your case what it needs to succeed. With 40+ years of experience, we have unparalleled resources and in-depth knowledge, allowing us to work U.S. immigration laws to your advantage. If you have extraordinary talent you would like to share with the world, we can help you accomplish that goal in as little time as possible.
Eligibility Criteria for O-1 Visa Candidates
An individual in the sciences, education, business, or athletics must demonstrate national or international acclaim and recognition for achievements in their field of expertise.
To demonstrate this level, you must present evidence of either your receipt of a major, internationally recognized award (e.g. a Nobel Prize) OR at least three of the following:
Receipt of other nationally or internationally recognized prizes or awards
Membership in an association that requires outstanding achievements
Published material in professional or major trade publications or major media about the individual concerning their work in the field (documentation must include a copy of the article showing the title, date, and author, as well as, if applicable, an English translation)
Evidence of participation on a panel, or individually, as a judge of the work of others (can include participation as a panel of experts for a Ph.D. defense and/or review of articles and books prior to publication)
Scientific, scholarly, or business-related contributions of major significance to the field (should take the form of letters from peers who are considered experts in the field attesting to the individual’s major contributions)
Authorship of scholarly articles in the field in professional journals or other major media
Employment in a critical or essential capacity for distinguished organizations and establishments
High salary or other remuneration commanded by the individual for services (must be accompanied by contracts or other reliable evidence)
Other comparable evidence
In addition to meeting the above criteria, an individual must be coming to the United States to work in their area of extraordinary ability or achievement.
The Immigration and Nationality Act provides a separate definition of extraordinary ability in the case of arts for O-1 purposes—specifically, it requires a level of “distinction.” The regulations define distinction as a level of achievement, skill, and recognition substantially above what is ordinarily encountered.
An artist includes any field of creative activity or endeavor such as fine arts, visual arts, culinary arts, and performing arts. To qualify, they do not have to be at the very top of their field, but they must be substantially above what is ordinarily encountered.
The regulations also specify that extraordinary ability is proven with evidence of nomination or receipt of a significant international or national award or prize, such as an Academy Award, an Emmy, a Grammy, or Director’s Guild Award.
Alternatively, they can provide evidence of at least three of the following:
Performance of services as a lead or starring participant in productions or events with distinguished reputations
Achievement of national or international recognition, evidenced by critical reviews or other published materials
Performance in a lead, starring, or critical role for distinguished organizations or establishments
A record of major commercial or critically acclaimed successes
Significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in their field
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Prior to filing the O-1 visa petition with USCIS, the employer must obtain an advisory opinion from an appropriate consulting entity or a labor organization, or show that an appropriate peer group, labor organization or management organization does not exist. If the position is covered under a union contract, the employer may obtain a “no objection” letter signed by an official union representative of the local chapter.
The letter must state that the labor organization has reviewed pertinent information about the position and the foreign worker’s credentials and that the hiring of the foreign worker will not “adversely affect the wages or working conditions of U.S. workers and that, therefore, it has no objection to the hiring of the foreign worker”.
The standard for obtaining an O-1 visa is very high, but many artists, entertainers, athletes, and other extraordinary individuals must obtain their visas as soon as possible. The Fleischer Law Firm LLC recommends using the USCIS “premium processing” service so the petition will be approved in 15 days or less.
To schedule your complimentary consultation, call (513) 880-9969 or contact us online today. We can get started on your case immediately.
