O-1 Visa

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O-1 Visa: Individuals with Extraordinary Ability or Achievement | USCIS

Descripción general:

What is an O-1 visa?
What are the benefits of the O-1 visa?
What are the O-1 visa requirements?
What documents are needed to apply for an O-1 visa?
How to apply for an O-1 visa
How hard is it to get approved for an O-1 visa
How to go from an O-1 visa to a green card
Conclusion

1. What is an O-1 visa?

The O-1 Visa is a non-immigrant visa for talented individuals with unique abilities. The O-1 visa is specifically for those who have exceptional talent in the sciences, arts, education, business, or athletics, or who have a track record of great success in the film or television sector.

2. What are the benefits of an O-1 visa?

These are the benefits of the O-1 visa:

You can live and work in the U.S. for extended periods

There is no restriction on how many times you may renew your status with the O-1 visa.
Your first O-1 visa petition might grant you legal status in the U.S. for up to three years if it is granted.
Your status can then be extended for up to a year at a time. Your ability to maintain O-1 status indefinitely unrestricted
Because of this, some O-1 visa holders continue to reside in the United States for up to 15 years.

Benefits for your immediate family members

Your spouse and unmarried children under the age of 21 may travel with you to the U.S. if you are granted an O-1 visa.
As your dependents, your spouse and unmarried children would be granted O-3 status.
O-3 status does not allow your dependents to work in the U.S., but it does not allow them to enroll in U.S. educational institutions.

You can work for multiple employers

The O-1 visa’s ability to let you work in the U.S. for several different firms is another benefit.

O-2 Visa available for your assistants

If you are granted an O-1 visa because of your remarkable talent in the arts, sports, or entertainment business, or due to your extraordinary success, you could be allowed to bring employees with you to the U.S. to support you while you are there. These employees would submit an O-2 visa application.

O-1 visa eligible for premium processing

Premium processing is available for the O-1 visa.
For an extra $1,410, USCIS will accelerate the processing of your O-1 petition as part of their premium processing service.
In 15 days or fewer with premium processing, USCIS will respond to your O-1 petition.

No annual limit on the number of O-1 visas issued

The fact that there is no yearly restriction on the number of O-1 visas issued is another advantage of the O-1 visa.
Unlike the H-1B visa, the O-1 visa does not have an annual quota.

3. What are the O-1 Visa requirements?

To get an O-1 visa, there are 6 main requirements:

Show that you have a special ability
You must have maintained your nationality or international notoriety
You must work in your extraordinary field
Your petition must have an advisory opinion from a peer group, labor organization, or management organization and be submitted by a US employer, a US agent, or a foreign employer through a U.S. agent.

Prove that you have an extraordinary ability

The benchmark you must satisfy relies on the area in which you possess exceptional talent.
You must exhibit “continued national or worldwide renown” if your field of outstanding skill is in science, business, athletics, education, or the arts.
You must provide “a documentary record of outstanding accomplishment” if your area of expertise is in the film or television business.

Proving Extraordinary Ability in the Field of Education, Science, Athletics, or Business

There are 2 ways to meet this standard:

One-Time achievement
Satisfying three or more of the evidential requirements for an O-1A visa

One-Time Achievement

One-time accomplishments, such as winning a significant, globally renowned prize like the Nobel Prize, might meet the O-1A visa’s criteria for outstanding talent.
If you have not been granted such an award, you must meet at least three of the evidential requirements for an O-1A visa.

Evidentiary Criteria for O-1A visa

If you haven’t received a major internationally recognized award, you will have to satisfy at least 3 of the following criteria:

You have been acknowledged for excellence in your field with national or worldwide prizes or awards.
You have participated in organizations in your area that demand extraordinary accomplishments from their members, as determined by acknowledged local, national, or worldwide authorities in the field.
There has been information about you that is related to your work in the field published in reputable professional or important trade magazines or significant media.
You have taken part in a panel or on your own as a judge of other people’s work in your industry.
You have produced significant original contributions to your field’s science, scholarship, or business.
In your discipline, academic publications, or other important media, you have written scholarly essays.
You have worked for companies and facilities with a notable reputation in a crucial or necessary function.
You have or will command a large wage or other payment for your services.
If any of the above requirements do not apply to your profession, you may provide similar proof in its place to demonstrate your eligibility for an O-1 visa.

Proving Extraordinary Ability in the Arts

O-1B is the name of the O-1 visa for artists.
“Any field of creative action or effort”, according to the definition of the word “arts”, includes performing arts, visual arts, culinary arts, and fine arts. Along with the main authors and performers, aliens also work as directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.
You must demonstrate that you have attained “distinction” to fulfill the requirement for outstanding talent for an O-1B visa in the arts.
“A high level of achievement in the field of the arts, as evidenced by a degree of a skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of the arts”, according to the dictionary, defines distinction.

Nomination and or Receipt of Significant National or International Awards or Prizes

If you are nominated for and/or obtain important national or international awards or prizes in your profession, such as an Academy Award or a Grammy, you can meet the remarkable ability criteria for the O-1B visa.
If you have not been nominated or awarded such prizes, you must meet at least three of the evidential requirements for an O-1B visa.

Proving Extraordinary Achievement in the Motion Picture or Television Industry

The O-1 visa for the film and television industries is designed as O-1B.
You must demonstrate “a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field” to qualify for an O-1B visa in the motion picture or television production industry. Section 214.2(o)(3) of the Code of Federal Regulations.

There are 2 ways to meet this standard:

Nomination for and/or acceptance of major national or international honors or accolades
Satisfying at least three of the OB-1 visa’s evidential standards

Nomination for and/or Receipt of Significant National or International Awards or Prizes

One option to meet the O-1 visa’s outstanding accomplishment criteria is to demonstrate that you have been nominated for, or have earned, important national or international accolades or prizes in your area, such as an Academy Award or a Grammy.
If you have not been nominated or awarded such medals or prizes, you must meet at least three of the evidential requirements for an O-1-B visa.

If you haven’t been nominated for and/or received significant national or international awards or prizes, you will have to satisfy at least 3 of the following criteria:

You have performed and will continue to perform, services as a lead or starring participant in shows or events with a recognized reputation, as indicated by critical reviews, ads, publicity releases, contracts for publications, or endorsements.
You have received national or worldwide recognition for your achievements in your area, as indicated by critical reviews or other materials published by or about you in prominent newspapers, trade journals, magazines, or other media.
You have and will continue to play a lead, starring, or vital role for organizations and institutions with a notable reputation, as indicated by articles in newspapers, trade journals, publications, or testimonials.
You have a track record of substantial commercial or critical acclaim, as indicated by the title, rating, field standing, box office receipts, motion picture, or television ratings, and other occupation achievements recorded in trade journals, or other media.
Organizations, critics, government agencies, or other acknowledged professionals in your industry have given you considerable credit for your accomplishments.
In comparison to others in your profession, you have or will command a high wage, or other large payment for your services.
If any of the following requirements do not apply to your profession, you may substitute similar proof to demonstrate your eligibility for an O-1 visa.

Your National or International Acclaim Must be Sustained

Another condition for an O-1 visa is proof of persistent national or worldwide acclaim.
Except for the motion picture and television industries, you must demonstrate persistent national or worldwide recognition in your specialty.
This implies that you have maintained your standing in your profession over the years.
The data you present to demonstrate your outstanding talent will almost certainly reveal that you have maintained your national or worldwide reputation. If it does not, make sure to offer documentation demonstrating that your acclaim has been sustained.

Work in your Field of Extraordinary Ability

Another prerequisite for obtaining an O-1 visa is to work in your sector of remarkable skill.
The field in which you intend to work in the United States should be the same as your field of exceptional skill (or as close as possible)
It is critical to precisely identify your remarkable talent so that you can demonstrate that you will continue to work in the same industry.

Your Employment in the U.S. Must Qualify as an “Event”

Another prerequisite for obtaining an O-1 visa is that you will be visiting the United States to participate in an “event”.
You cannot be self-employed or freelance with an O-1 visa. You must instead take part in an “event”.
An “event” is a fairly wide phrase that can refer to a variety of activities, including a conference, lecture series, academic school year, or typical work. An “event” can also refer to a collection of linked activities.
For example, the “event” for a professional athlete seeking an O-1 visa may be their contract with their sports organization.
An event does not have to be brief. Remember that your initial O-1 visa might provide you with legal status for up to three years.
Your job conditions (such as an employment contract or a written statement of your work terms must be included with your O-1 petition.

Your Petition Must be Filed by a U.S. Employer, U.S. Agent, or Foreign Employer through a U.S. Agent

Another criterion for obtaining an O-1 visa is that your petition be submitted by a U.S. employer, a U.S. agency, or a foreign employer via a U.S. agent.
You cannot apply for an O-1 visa on your own.
The petitioner will be your U.S. employer, a U.S. agent, or a foreign employer through a U.S. agency, and you will be the beneficiary.

U.S. Employer

If you want to work for a single U.S. employer, they will very certainly be the company filing your petition.
The employer in the United States should be a well-established company with a business license.
If you will be working for more than one U.S. employer, they must all submit O-1 applications, or a U.S. agent can do so on their behalf.

U.S. Agent

If you will be working for many U.S. employers, a U.S. agent can file your petition on their behalf (instead of having each employer file a separate petition).
The U.S. agent must provide documentation outlining the terms and circumstances of your employment.

Foreign Employer Through U.S. Agent

If you will be working for a foreign employer, your petition will most likely be filed on their behalf by a U.S. agent.

Must have an advisory opinion from a Peer Group, Labor Organization, or Management Organization

An advisory opinion from a peer group, labor organization, or management organization is also required to get an O-1 visa.
A peer group is defined as “a group of the organization compared of practitioners” in your area.
A peer group can also be a person or group of people with relevant experience.
This letter must include information on the work you will do in the United States as well as your qualifications.
The advisory opinion might be favorable to your petition’s approval, unfavorable to your petition’s approval, or say that there is no objection to your petition’s approval.
If there is no acceptable peer group or labor organization, this condition is waived. If no peer group or labor organization exists, you can provide evidence that one does not exist.

4. What documents are needed to apply for an O-1 visa?

The proof you provide with your petition is critical. The papers you must provide are determined by your specific requirements. Depending on your situation, an immigration lawyer can advise you on the papers you will need to send.

With your disclaimer, here is a general list of documents you should expect to provide to your immigration lawyer.:

Your resume or CV
Passport copies for you and your family
Evidence of your exceptional skill or a track record of great performance (such as awards, publications, etc.)
Recommendation and endorsement letters from experts and professionals in your sector
A peer group, labor organization, or management organization advisor’s opinion. The employment contract between you and your U.S. employer/U.S. agent, or a description of the conditions of your employment.
A description of the task you will be conducting in the United States.

5. How to apply for an O-1 visa

Here is a simplified breakdown of the process of getting an O-1 Visa:

Step 1 – Hire an Immigration Lawyer

Step 2 – Document Gathering

Awards, publications, other proof of your exceptional talent, and the documents listed in section 4.

Step 3 – File Form I-129 and O Supplement

Along with your I-129, your immigration lawyer will file the O-supplement.

Step – 4 Apply for an O-1 visa

6. How hard is it to get approved for an O-1 visa?

While the requirements for an O-1 visa are quite high in terms of remarkable skill and success, the O-1 visa is reachable for the appropriate individual.
You must have “continued national or worldwide recognition” if your field of outstanding skill is science, business, athletics, education, or art.
If you work in the motion picture or television industries, you must have a “demonstrated record of remarkable success”.
While no assurance of approval exists in U.S. immigration law, your immigration lawyer should be to evaluate your prospects of success early in your case.

Although it is not required by law, it appears that USCIS follows a two-step process when evaluating whether to grant an O-1 petition:

Step 1 – Evidentiary Threshold
- In this stage, USCIS analyzes whether you have given sufficient proof to meet the evidentiary requirements for an O-1 visa.
Step 2 – Final Merits Determination
- Here, USCIS reviews the documentation you’ve supplied to see if you fit the requirements for an O-1 visa.
- If your field of outstanding skill is in the sciences, athletics, business, or education, USCIS is evaluating whether you have reached the pinnacle of your field
- If your field of extraordinary achievement is in the motion picture or television industry, USCIS is determining whether you have “a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above the ordinarily encountered to the extent that person is recognized as outstanding, notable, or leading in the motion picture of television field.”

7. How to go from an O-1 visa to a green card

The O-1 visa is a type of non-immigrant visa. This implies that the O-1 visa is only valid for a limited time and does not directly lead to a green card.
To transition from an O-1 visa to a green card, you must apply for either an adjustment of status or an immigrant visa abroad.

Adjustment of Status

Adjustment of status occurs when you transition from non-immigrant to immigrant status.
You must be lawfully present in the United States to make a status modification
The full adjustment of the status procedure is completed within the United States, and you are not required to travel abroad.

Apply for Immigrant Visa

You can also apply for an immigrant visa in another country.
Consular processing, visa processing, or immigrant visa processing are all terms for this procedure.

Regardless of which route you choose; you will have to apply for and qualify for immigrant classification. Here are some potential options:

EB-1A

The EB-1A visa is a type of immigration visa for those with exceptional ability.
The EB-1A visa is quite similar to the O-1 visa, however, it has a higher standard to achieve.
You can apply for an EB-1A visa by self-petitioning (without a company sponsor).

Work Sponsorship

Another possibility is that your employer will sponsor you for a green card as part of a job offer.
To do so, your company must apply to be authorized for a Labor Certification, which proves that they attempted and failed to find a suitable U.S. worker for the post they are giving you.

EB-5

The EB-5 visa is an immigration visa based on the investment.
To be eligible for an EB-5 visa, you must spend at least $1 million in a U.S. firm (or 500,000 in certain economically challenged areas).
Among other things, you must establish a minimum of 10 full-time employees for U.S. people.

Marriage

Marriage to a valid, bona fide U.S. citizen or lawful permanent resident may also allow you to apply for a green card.

8. Conclusion

The O-1 visa is an excellent alternative for people who have exceptional skills in the sciences, arts, athletics, business, or education, or who have a history of exceptional performance in the film or television sector.
You can live and work in the United States for extended periods with an O-1 visa, and there is no limit to the number of times you can extend your O-1 visa.
Please keep in mind that obtaining an O-1 visa is a difficult procedure. Please speak with a knowledgeable immigration attorney as soon as feasible. Based on your circumstances and qualifications, your immigration lawyer will advise you on the best course of action to follow.