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1.
About
the O-1 Visa
The O-1 visa is for persons of extraordinary
ability in the arts, sciences, education, athletics, television, and
motion picture industry. Short-term work visas are available to certain
people doing specialized work, including the O visa for outstanding
workers in the sciences, arts, athletics, education, or business. A job
offer from a U.S. employer is a basic requirement for the O visa. There
is no annual limit on the number of people who can receive O visas.
The O-1 nonimmigrant visa is for the
individual who possesses extraordinary ability in the sciences, arts,
education, business, or athletics, or who has a demonstrated record of
extraordinary achievement in the motion picture or television industry
and have been recognized nationally or internationally for those
achievements. The O nonimmigrant classification is commonly referred to
as:
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O-1A: individuals with an extraordinary
ability in the sciences, education, business, or athletics (not
including the arts, motion pictures or television industry).
-
O-2: individuals who will accompany an O-1,
artist or athlete, to assist in a specific event or performance. For an
O-1A, the O-2's assistance must be an "integral part" of the O-1A's
activity. For an O-1B, the O-2's assistance must be "essential" to the
completion of the O-1B's production. The O-2 worker has critical skills
and experience with the O-1 that cannot be readily performed by a U.S.
worker and which are essential to the successful performance of the O-1.
To qualify for
an O-1 visa, the alien beneficiary must demonstrate extraordinary
ability by sustained national or international acclaim, and must be
coming to U.S. to continue work in the area of extraordinary ability.
Extraordinary ability in the fields of science, education, business or
athletics means a level of expertise indicating that the person is one
of the small percentage who has risen to the very top of the field of
endeavor.
Extraordinary
ability in the field of arts means distinction. Distinction means a
high level of achievement in the field of the arts evidenced by a
degree of 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 arts.
To qualify for
an
O-1 visa in the motion picture or television industry, the beneficiary
must demonstrate extraordinary achievement evidenced by a degree of
skill and recognition significantly above that ordinarily encountered
to the extent the person is recognized as outstanding, notable or
leading in the motion picture and/or television field.
2.
O-1 Visa for Individuals with Extraordinary Ability or Achievement
O-1
visa/status is designed for aliens of extraordinary ability or
achievement in the sciences, education,
business,
athletics, and arts. "Extraordinary ability" means that
the individual is one of the small percentage who has risen to the very
top of their field of endeavor.
The
O-1 extraordinary ability visa applies to individuals with
extraordinary ability
in the sciences, arts, education, business, or athletics. The
individual should
demonstrate that they have national or international acclaim, and that
their
achievements have been recognized in the field of expertise, indicating
that
they are one of that small percent who has risen to the top of their
field of
endeavor. The individual should plan to continue to work in their area
of
extraordinary ability and must substantially benefit the United States."
The
O-1 visa/status is similar to the "Extraordinary Ability" EB-1 green
card category, in that it is meant for only those
who have risen to the very top of their field. Unlike the extraordinary
ability green card category, an
O-1 visa or status cannot be processed as a "self-petition." Rather, an
employer must file the
petition for the beneficiary.
O-1
visa or status is valid for up to 3 years, with 1 year incremental
extensions.
The total time allowed in this status is determined by the "duration of
the event" for which the visa status is granted. Thus, there is no
limit on the time an
O-1 holder staying in the U.S.
O-1
visa or status could be obtained by those in H-1B status who have
exhausted the full authorized
stay of 6-years. Also, the benefit of the O-1 visa over the J1 visa is
that individuals currently on
J1 visas can transfer to the O-1 category without having completed the
2 year home residency requirement or having received the waiver of the
2 year home residency requirement. Such
J1 individuals will be required to travel abroad to apply for the O-1
visa after approval of the
O-1 petition.
O-1
extensions may be authorized for periods of up to one year to continue
or complete the event for which the
O-1 holder was admitted into the United States.
Although the processing time for an
O-1 visa/status is somewhat less than the processing time for an
H-1B, two to four months lead time should still be given to allow
sufficient time to obtain the necessary supporting documentation and to
complete the application process.
Once the determination is made that the alien qualifies under the
regulatory definition of "outstanding", supporting documentation is
assembled. In addition, an advisory opinion from a "peer group" must be
obtained.
The
USCIS Form for petitioning of an O visa is the Form I-129 "Petition for
temporary worker". This
form must be submitted along with the consultation opinion letter,
evidence documenting the alien's extraordinary ability, and details of
the proposed work in the US. The petition is to be approved for the
duration of the event in which the alien will participate, for a
maximum of three
years initially.
3. The Advantages of the O-1 Visa
The
O-1 visa is available to an alien applicant who has a job offer in the
United States, with proven extraordinary ability in the sciences, arts,
education, business, or athletics. The O-1 visa applicant should have
received national or international acclaim in a particular field, or if
working in motion pictures or television productions, have a
demonstrated record of extraordinary achievement.
O-1 visas can be given only on the basis of an alien applicant's
individual qualifications. Being a members of a group or team will not,
by itself, qualify the alien applicant for an O-1 visa. Also, the alien
applicant should come to the United States working or performing at an
event or a series of events in the area of extraordinary ability. The
term "event" is interpreted liberally outside the fields of athletics
and arts, and it can include an ongoing research project for a private
company or university.
A job offer from a U.S. employer is a basic requirement for the O-1
visa applicant. There is no annual visa limit on the number of alien
applicants who can receive the O-1 visas. Some of the advantages and
disadvantages of the O-1 visa include:
1)
The O-1 visas can be issued quickly by USCIS. The O-1 visa holder can
work legally in the United States for the O-1 visa employer. If the O-1
worker wants to change jobs, a new visa application is required.
2) The O-1 visas will be issued for the
length of time necessary for a particular event in the United States,
up to a maximum of 3 years, with unlimited extensions in 1-year
increments.
3) The O-1 visa holder and the family
members can travel in and out of the United States, or stay
continuously in the United States for as long as the O-1 status are
valid.
4) The O-1 visa holder's spouse and
unmarried children under age 21 can accompany the O-1 visa holder, but
they could not accept employment with the O-2 visa in the United States.
4.
The Requirement
of Advisory
Opinion
To file an O-1 visa application, an Advisory
Opinion should be be accompanied the O-1 visa application documents.
The U.S. employer should consult with an appropriate peer group, labor
organization, or management organization in the area of the alien's
outstanding ability to get the advisory opinion for the alien
beneficiary. Generally, a written advisory opinion should be obtained
from the appropriate consulting entity with expertise in the alien
beneficiary's field.
Aside from meeting the evidence tests, a key
requirement for O-1 applicants is consulting with an appropriate peer
group, labor and/or management organization regarding the type of work
to be performed and the qualifications of the proposed beneficiary. The
"peer group", an organization of person in the same field as the
beneficiary, must normally provide a written opinion to USCIS, but the
opinion is not binding.
The O-1 petition must be accompanied by a
consultation letter from a recognized peer group such as a professional
society stating that they have no objection to the beneficiary
obtaining an
O-1 visa to work in the United States.
For all O-1 and O-2 applicants, the petition must include an advisory
opinion from a peer group, labor union, or person with expertise in the
applicant's field. This opinion can either state simply that the group
has no objection to issuing the visa, or can detail the applicant's
achievements. If the achievements are detailed, the letter should also
address the applicant's ability, the nature of the position offered,
and whether the position requires a person of extraordinary
ability.
- A written
consultation/advisory opinion can be from a peer group or recognized
expert, in the field
of individual's area of ability. An example might be a
letters of support from a renowned researchers, as evidenced by
detailed curriculum vitae and publication
list, which attests the qualifications and work to be done by the O-1
beneficiary.
- For applicants in
the television and motion picture industries, there must be a
consultation with both the appropriate labor union and management
organization. This opinion must state the applicant's achievements in
the field, and must state whether the position offered requires a
person of extraordinary achievement.
- But an advisory
opinion may not be required if the petitioner could prove that an
appropriate consulting entity does not exist to provide Advisory
Opinion.
- If the petitioner
is requesting expeditious handling of the O-1 visa application, an
advisory opinion from an appropriate consulting entity may not be
submitted with the application documents. The expeditious handling
could be granted with regard to O-1 visa application on behalf of an
alien who will be employed in the fields of art, entertainment, or
athletics.
The
petitioner
should file Form I-129, Petition for Nonimmigrant Worker, with the
USCIS office listed on the form instructions. The advisory opinion or
consultation letter
is required for an O-1 visa petition. A written advisory opinion is
required from a peer group, including labor organizations, or a person
designated by the group with expertise in the alien
beneficiary’s area of ability.
If the O-1
petition is for an individual with extraordinary achievement in motion
picture or television, the consultation letter must come from an
appropriate labor union and a management organization with expertise in
the beneficiary’s area of ability.
5.
The O-1A Visa Petition of Extraordinary
Ability in the Field of Science, Education, Business, Athletics
For qualification criteria of O-1 visa, the
alien applicant should come to U.S. to work or perform at an event or a
series of events in the area of extraordinary ability. The term
“event" can be interpreted liberally not only in the fields
of athletics or arts, but can also include an ongoing research project
for a U.S. company.
To meet the O-1 visa requirement of extraordinary ability in science,
education, business, or athletics, the applicant must be able to show
extraordinary ability, and receipt of sustained national or
international acclaim for it. This can be demonstrated if the person
has accomplished at least three of the following:
If the above criteria do not readily apply
to the applicant's occupation, the applicant can submit "comparable
evidence" to show the “extraordinary ability”, and
explain why the above criteria do not apply to the applicant.
6.
The O-1B Visa Petition of Extraordinary
Ability in the Field of Arts, Entertainment, Motion Picture or Television Industry
For
one working in the arts and entertainment industry,
the USCIS defines the person with Extraordinary Ability as having a high level of
achievement in the arts as a level of prominent or well-known. This category is not simply limited to performers but also to
individuals who are active behind the scenes. These may include lighting
designers, choreographers, conductors, costume designers,
music coaches, animal trainers, and
fight masters.
USCIS
regulations define "arts" to include "any field of creative
activity or endeavor such as, but not limited to, fine arts, visual arts,
culinary arts and performing arts." Persons
coming to work in the arts or entertainment must show
"extraordinary ability" by demonstrating they have
"distinction" in their field. Here, distinction means
a "high level of achievement in the field of arts evidenced by a degree of
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 arts." To
demonstrate the "distinction," the beneficiary should meet at least three of the
following six forms of documentation:
1) Evidence that the alien has 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 released, publications contracts, or
endorsements;
2) Evidence that the alien has achieved national or international
recognition for achievements evidenced by critical reviews or other
published materials by or about the individual in major newspapers, trade
journals, magazines, or other publications;
3) Evidence that the alien has performed,
and will perform, in a lead, starring, or critical role for organizations
and establishments that have a distinguished reputation evidenced by
articles in newspapers, trade journals, publications, or testimonials;
4) Evidence that the alien has a record or
major commercial or critically acclaimed success as evidenced by such
indicators as title, rating, standing in the field, box office receipts,
motion pictures or television ratings, and other occupational achievements
reported in trade journals, major newspapers, or other publications;
5) Evidence that the alien has received
significant recognition for achievements from organizations, critics,
government agencies, or other recognized experts in the filed in which the
alien is engaged. Such testimonials must be in a form which clearly
indicates the author's authority, expertise, and knowledge of the alien's
achievements; or
6) Evidence that the alien has either
commanded a high salary or will command a high salary or other substantial
remuneration for services in relation to others in the field, as evidence by
contracts or other reliable evidence.
Generally, the person must satisfy at least 3 of 6 in criteria for establishing extraordinary ability for
O-1B purposes.
Other "comparable evidence" to demonstrate "distinction" can also be
accepted.
If the above standards do not readily apply to the
beneficiary’s occupation in the arts, the petitioner may submit
comparable evidence in order to establish eligibility, but this
exception does not apply to the motion picture or television industry.
7. O-1 Visa is a Better Option for Aliens
with Extraordinary Ability than H-1B Visa
Many people may wonder whether they could
qualify for the O-1 visa. The common
misunderstanding could be that the O-1 visa application may be
difficult to
get approval. Therefore, many aliens with extraordinary ability may not
normally apply for U.S. working visa in O-1 visa category.
Due to the yearly H-1B visa number
limitation, the alien applicants from foreign countries need to wait
for the H-1B visa quota for their H-1B visa application. Many new
aliens are looking for other options. The O-1 visa is such a better
option for those aliens with extraordinary ability who could qualify.
Because these is no limit for O-1 visa number each year, and the O-1
visas are immediately available.
Normally, people may expect aliens with
extraordinary ability to have Ph.D. degrees or Mater Degree, but the
USCIS regulations do
not require a Doctorate Degree or Master Degree for the O-1 visa
application.
8. The Premium Processing for O1 Visa Application
You
cannot apply for the O1 visa as an individual. A U.S. employer has to
sponsor your O1 visa. To sponsor you, the U.S. employer must file Form
I-129, Petition for a Nonimmigrant Worker, with the Form I-129 O/P
supplement, and supporting documentation.
The petition is submitted to the U.S. Citizenship and Immigration
Services (USCIS) Service center with jurisdiction over the location of
the job. Once the USCIS approves of the O1 visa petition, you may apply
for the O1 visa at an American Consulate overseas.
For premium
processing of O1 visa application, the O1 petition can be adjudicated
within 15 calendar days by applying for premium processing. For an
additional fee, the USCIS guarantees a prompt decision on your O1
petition. You will receive either an approval notice, a request for
further evidence, or a notice of intent to deny the petition ithin 15
calendar days from the date you applied for premium processing of your
O1 visa. If USCIS fails to respond within 15 calendar days, it will
refund the fee and continue to process the petition under the expedited
process.
An O1 petition is
filed on USCIS Form I-129, along with the I-129 O/P Supplement. Your O1
petition must include a written consultation with a peer group in your
area of ability, and a copy of any written contract between you and
your employer, or summary of terms of the oral agreement under which
you will be employed.
9.
Complete Do-It-Yourself Package for O-1 Visa Application
The burden
of O-1 visa application approval rests with the petitioner. The
petitioner should provide substantial evidence of at least 3 out of 8
O-1 visa criteria that the alien could satisfy. If the alien applicant
is qualified, then the success depends largely on the way the
application is presented to USCIS.
To help you
apply for or renew your O-1 visa or status easily and quickly, we
provide a high quality and case proved Complete Do-It-Yourself Package for
O-1A and O-1B Visa/Status Application, based on our extensive and practical
employment immigration experience.
As added value in the Complete
Do-It-Yourself Package for O-1 Visa Application, we provide
comprehensive instructions on O-1 visa application requirements and
processing, and we also let you know the step-by-step petition
procedures, strategies, detailed instructions, all required documents,
and how to submit a comprehensive O-1 visa application to USCIS. We
also provide detailed sample of petition cover letter, peer group
advisory letter, recommendation letters, sample of filled petition
forms, all the required USCIS forms, and the complete explanations of
many petition related important issues.
New immigrants can benefit from our added
value to make the complicated application process much simpler and
easier, at the same time meet the U.S. Government's rigorous
requirements. Therefore, our Complete Do-It-Yourself Package for O-1
Visa Application is much more beneficial than the U.S. Government
website's free service. If you apply for an O-1 visa by yourself, or if
you have a lawyer working for you, you will find our package to be very
helpful. With this package, you get all the information you need and
the step-by-step knowledge of how to obtain your O-1 visa.
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