O-1A Individuals with Extraordinary Ability in Sciences, Education, Business, or Athletics; O-1B Individuals with Extraordinary Ability in Arts or Extraordinary Achievement in Motion Picture or Television Industry; O-2 Individuals who Accompany and Assist O-1; O-3 Dependents of O-1 and O-2s – Immigration Law
O-1A Individuals with Extraordinary Ability in Sciences, Education, Business, or Athletics and O-1B Individuals with Extraordinary Ability in Arts or Extraordinary Achievement in Motion Picture or Television Industry status are non-immigrant visas permitting those who qualify to live and work in the United States. The O-1, like the H-1B and L-1 visas, is a “dual intent” visa, so it permits the employee to apply for a Green Card without having to face immigrant intent issues. A US employer or agent, or foreign employer through a US agent may apply for a foreign worker under the O-1 category. The O-1 category is very similar to the EB-1 for those with Extraordinary Ability; however, it is different in that the O-1 is for work that is temporary in nature. The O-2 Visa is also a non-immigrant visa that is reserved for individuals who accompany and assist an O-1 holder while the O-3 Visa is reserved for dependents of the O-1 and O-2. Our Sacramento immigration lawyers understand the complexities of applying for a visa under the O-1 category and are well equipped to answer any questions you might have and assist you with your O-1 visa petition.
What are the requirements for the O-1A Individuals with Extraordinary Ability in Sciences, Education, Business or Athletics?
The qualifications differ on individual’s area of extraordinary ability, but the O-1A generally requires evidence of a major, internationally recognized award, such as a Nobel Price, or at least three for the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field;
- Evidence of membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field;
- Evidence of published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field;
- Evidence of original scientific, scholarly, or business-related contributions of major significance in the field;
- Evidence of authorship of scholarly articles in professional journals or other major media in the field;
- Evidence of a high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
- Evidence of participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field;
- Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation; and,
- If the above do not directly apply, any comparable evidence.
What are the requirements for the O-1B Individuals with Extraordinary Ability in Arts or Extraordinary Achievement in Motion Picture or Television Industry?
The qualifications differ on individual’s area of extraordinary ability, but the O-1B generally requires evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or evidence of at least three of the following:
- Evidence that the beneficiary performed and 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;
- Evidence that the beneficiary achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
- Evidence that the beneficiary performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials;
- Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
- Evidence that the beneficiary received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements;
- Evidence of a high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; and,
- If the above do not directly apply, any comparable evidence.
What are the requirements for the O-2 Individuals who Accompany and Assist O-1s?
The petitioner must establish the current necessity, critical skills, and experience o the O-2 Individual who will accompany and assist the O-1 beneficiary and that the intending O-2 beneficiary has substantial experience performing the critical skills and essential support services for the O-1. In the case of O-2 beneficiaries for the O-1B, the evidence should demonstrate that significant production has taken place outside the United States and will take place inside the United States, and that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.
How long are O-1 and O-2 beneficiary’s allowed to stay in the United States?
They are granted for up to 3 years and extensions are granted for up to 1 year.
Can my spouse and child (under 21) enter the United States as well?
Yes, any accompanying spouse or child under the age of 21 for an O-1 or O-2 holder can join under the O-3 nonimmigrant visa status. This would permit them to study, either part time or full time, but they are prohibited from working under this status.
US Immigration and Nationality law has many potential pitfalls and can be very complex. Our Sacramento law firm is ready to help you with your O-1 visa.
If you have any questions or would like assistance in petitioning for a temporary worker under this category, please do not hesitate to contact our Sacramento immigration attorneys at our immigration law firm, Carson & Kyung, A Law Corporation.
USCIS O-1A Visa Guide: http://www.uscis.gov/eir/visa-guide/o-1a-extraordinary-ability-and-achievement/o-1a-visa