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O-1 Visa

People with Extraordinary Abilities or Achievements

O-1 Visa

People with Extraordinary Abilities or Achievements

O-1 Visa

People with Extraordinary Abilities or Achievements

The O-1 nonimmigrant visa is for individuals who possess extraordinary abilities in the sciences, arts, education, business or athletics, or have demonstrated a record of extraordinary achievement in the film or television industry and have been recognized nationally and internationally in his field.

¿Qué ventajas ofrece una visa O-1?

General Eligibility Requirements

  • Applicants must demonstrate extraordinary ability in their field through nationally or internationally recognized evidence. This evidence may include awards, publications, memberships in professional organizations, among other achievements.

  • You must come temporarily to the United States to continue working in the area of your extraordinary ability.

  • Applicants must have a US employer sponsoring them for the visa. The employer must file a petition with the US Citizenship and Immigration Services (USCIS) on behalf of the person, and the applicant must provide evidence of the person’s extraordinary talent or ability.

  • Extraordinary ability in the sciences, education, business, or athletics means having achieved a specialty level and therefore being considered part of the small percentage of people who are at the top in their field of specialty.

  • Having extraordinary ability in the field of arts means having distinction. That is, having achieved a higher degree of skill, above the common, having achieved prominent recognition and being renowned, prominent or well known in the field of arts.

  • To qualify for an O-1 visa in the motion picture industry or television industry, the beneficiary must demonstrate extraordinary achievement demonstrated by a significant degree of skill and recognition in the industry, an achievement above that commonly found, by point that the person is recognized as extraordinary, notable or outstanding in the field of films and/or television.

Process

O-1 Application

A U.S. employer, U.S. agent, or foreign employer through a U.S. agent must file Form I-129, Petition for Nonimmigrant Worker (see Form I-129, Petition for Nonimmigrant Worker) on your behalf, along with the required evidence. according to form instructions. Her employer or agent cannot file the petition more than one year in advance of the date she actually needs her services. To avoid delays, she must file Form I-129 at least 45 days before the date of employment.

In addition to Form I-129, the petitioner must submit the following supporting documents:

The petitioner must provide a written advisory opinion from a group of peers (including labor organizations) or designated individuals  s by the group with a specialty in their area of skill. If the O-1 petition is for a person with extraordinary achievements in the film or television industry, the advisory opinion must come from an applicable union and management organization with expertise in the beneficiary’s field of skill.

When an advisory opinion includes a watermark or other distinctive mark to confirm the authenticity of the document, petitioners must send USCIS the version that contains the watermark or other distinctive mark. Copies of such documents that do not contain the corresponding watermark or distinctive mark could raise questions about the authenticity of the document and could result in delays in the processing of your case. For example, USCIS may request that the petitioner submit the original version of the document. To avoid delays in processing, petitioners, they must ensure that they present the appropriate version and that any associated watermarks or markings are legible.

If your employer or agent can prove that there is no peer group, including a union, the decision will be based on evidence in the record. We may waive a consultation for a foreigner with extraordinary abilities in the field of arts if you wish to obtain admission to perform similar services within two years of a previous consultation. Your employer or agent can submit a waiver request and a copy of the prior consultation with the petition.

For more information on nonimmigrant O consultations, see the USCIS Policy Manual, Volume 2, Part M, Chapter 7.

The petitioner must submit a copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral contract under which you will be employed.

For additional information on contractual requirements for O-1 nonimmigrants, and specific considerations for agents petitioners, see the USCIS Policy Manual, Volume 2, Part M, Chapter 7.

The petitioner must provide an explanation of the nature of the events or activities, the start and end dates of the events or activities, and a copy of any itinerary for the events or activities. The petitioner must demonstrate that there will be events or activities in the beneficiary’s field of extraordinary ability for the requested validity period, such as a tour itinerary or series of events.

A U.S. agent may be your current employer, your and the employer’s representative, or a person or entity authorized by the employer to act on his or her employer’s behalf as his or her agent. Additional information on USCIS policy related to petitioning agents can be found in the USCIS Policy Manual, Volume 2, Part M, Chapter 3.

The petitioner must show evidence of her extraordinary ability in the sciences, arts, business, education, sports, or extraordinary achievements in the film industry. The record must include at least three different types of documentation corresponding to those indicated in the regulations, or comparable evidence in certain circumstances, and the evidence must, in its entirety, demonstrate that you meet the applicable standards for classification.

Period of stay

The O-1 visa is initially granted for a maximum of three years, and can be extended in one-year increments as long as the person continues to work in their field of expertise. O-1 visa holders can also apply for permanent residence in the United States if they meet certain requirements.

Extension of Stay

The petitioner must apply to USCIS for an extension of stay to continue or complete the same event or activity by submitting the following documents:

  • Form I-129, Petition for Nonimmigrant Worker
  • Copy of Form I-94, Beneficiary Arrival/Departure Record
  • A statement from the petitioner explaining the reasons for the extension.

It is not necessary to file a new Form I-129 to notify USCIS of non-substantive changes. However, a treaty trader or organization may seek advice from USCIS to determine whether a change is considered substantive. To request advice, the treaty trader or organization must submit Form I-129 with the fee and a complete description of the change.

A strike or other labor dispute involving a work stoppage at the intended place of employment may affect the ability of a Canadian or Mexican treaty trader or employee to obtain E-1 status.

Is it possible to change Employer?

If you have O-1 status in the United States and want to change employers, your new employer must present the Fform I-129 at the USCIS office that appears in the form instructions. If an agent filed your original petition, your new employer must file an amended petition with evidence showing that they are your new employer and a petition for extension of stay.

Relatives of O-1 Visa Holders

If the spouse or unmarried children under 21 years of age may accompany the O-1 visa holder and be eligible to apply for an O-3 nonimmigrant visa, under the same period of stay and limitations as the O-1 holder. They will not be able to work in the United States under this classification, but they will be able to study full or part-time.

TAKE THE FIRST STEP

Don't postpone your dreams

We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)

TAKE THE FIRST STEP

Don't postpone your dreams

We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)