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Law Offices of Robert J. Jacobs, P.A.
Bristol Park
4727 NW 53rd Ave., Suite A
Gainesville, FL 32606
Tel (352) 335-2699
Fax (352) 335-2640
Email: info@myimmigrationlaw.com
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Practice Limited Exclusively to Immigration and
Nationality Law
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U.S.
IMMIGRATION LAW |
NON IMMIGRANT TEMPORARY VISA
EMPLOYMENT AUTHORIZED:
O-1 Visa
- Extraordinary Ability
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What
is an O-1 Visa? |
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Criteria
for the O-1 Visa. |
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For
how long is the O-1 Visa valid? |
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Who
may accompany an O-1 Visa holder? |
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How
may I obtain an O-1 Visa? |
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What
is an O-1 Visa?
The
O-1 visa is a temporary nonimmigrant
visa for foreign individuals with
extraordinary ability in the sciences,
arts, education, business, athletics,
or in television/motion pictures. An
employer must file a petition for the
O-1 on behalf of the foreign
individual; the petition must be
submitted with a written consultation
or advisory opinion from a peer group,
labor organization, or management
organization regarding the work to be
performed and the foreign individual's
qualifications. |
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Criteria
for the O-1 Visa.
The
O-1 visa category is reserved for
those individuals who have risen to
the very top of their fields of
endeavor and can provide documentary
evidence to substantiate this claim.
Extraordinary
Ability in the Sciences, Education,
Business, or Athletics
To
qualify for O-1 visa status as a
foreign individual with extraordinary
ability in the sciences, education,
business or athletics, the individual
must demonstrate national or
international acclaim and recognition
for achievements in the field of
expertise by providing evidence of:
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| 1. |
The
receipt of a major,
internationally recognized
award, OR |
| 2. |
At
least three of the
following:
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| a. |
Receipt
of nationally or
internationally recognized
prizes or awards for
excellence in the field of
endeavor; |
| b. |
Membership
in an association in the
field which requires
outstanding achievements
of its members; |
| c. |
Published
material in professional
or major trade
publications or major
media about the individual
concerning his/her work in
the field; |
| d. |
Evidence
of participation on a
panel, or individually, as
a judge of the work of
others; |
| e. |
Scientific,
scholarly, or
business-related
contributions of major
significance to the field; |
| f. |
Authorship
of scholarly articles in
the field in professional
journals or other major
media; |
| g. |
Employment
in a critical or essential
capacity for organizations
and establishments that
have a distinguished
reputation; |
| h. |
High
salary or other
remuneration commanded by
the individual for
services; |
| i. |
Other
comparable evidence. |
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Extraordinary
Ability in the Arts
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| Foreign
individuals of extraordinary
ability in the arts must provide
evidence of a high level of
achievement in the arts, as
evidenced by a degree of skill
and recognition substantially
above that ordinarily
encountered. The individual must be shown to be prominent, leading, or
well-known in the field of arts.
To qualify for this category the
foreign individual must show: |
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| 1. |
Evidence
that he/she has been nominated
for, or has been the recipient
of, significant national or
international awards or prizes
in the particular field such as
an Academy Award, an Emmy, a
Grammy or a Director's Guild
Award; OR |
| 2. |
At
least three of the
following:
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| a. |
Evidence
that he/she 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 releases,
publications contracts or
endorsements; |
| b. |
Evidence
of national or
international recognition
for achievements
(demonstrated by critical
reviews or other published
materials by or about the
individual in major
newspapers, trade
journals, magazines, or
other publications); |
| c. |
Evidence
that individual has
performed and will perform
in a lead, starring or
critical role for
organizations and
establishments with a
distinguished reputation,
evidenced by articles in
newspapers, trade
journals, publications or
testimonials; |
| d. |
Evidence
that he/she has a record
of major commercial or
critically acclaimed
success, as evidenced by
such indicators as title,
rating, 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; |
| e. |
Evidence
of significant recognition
for achievements from
organizations, critics,
government agencies, or
other recognized experts
in the field in which the
individual is engaged;
such testimonials must be
in a form that clearly
indicates the author's
authority, expertise, and
knowledge of the
applicant's achievements; |
| f. |
Evidence
that the individual 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
evidenced by contracts or
other reliable evidence;
or |
| g. |
Other
comparable evidence. |
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| Extraordinary
Ability in the Motion Picture or
Television Industry
Foreign
individuals of extraordinary ability
in the motion picture or television
industries must prove that they have a
very high level of accomplishment,
evidenced by a degree of skill and
recognition significantly above that
ordinarily recognized as outstanding
or notable. To qualify as an
individual of extraordinary
achievement in the motion picture or
television industry for purposes of
the O-1 nonimmigrant visa, an
applicant must demonstrate a
"record of extraordinary
achievement in the motion picture or
television industry" as evidenced
by:
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| 1. |
Evidence
that applicant has been
nominated for or has received
significant national or
international awards or prizes
in the particular field such as
an Academy Award, an Emmy, a
Grammy or a Director's Guild
Award, OR |
| 2. |
At
least three of the
following:
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| a. |
Evidence
that he/she 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 releases,
publications contracts or
endorsements; |
| b. |
Evidence
of national or
international recognition
for achievements
(demonstrated by critical
reviews or other published
materials by or about the
individual in major
newspapers, trade
journals, magazines, or
other publications); |
| c. |
Evidence
that the individual has
performed and will perform
in a lead, starring or
critical role for
organizations and
establishments with a
distinguished reputation,
evidenced by articles in
newspapers, trade
journals, publications or
testimonials; |
| d. |
Evidence
that he/she has a record
of major commercial or
critically acclaimed
success, as evidenced by
such indicators as title,
rating, 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; |
| e. |
Evidence
of significant recognition
for achievements from
organizations, critics,
government agencies, or
other recognized experts
in the field in which the
individual is engaged;
such testimonials must be
in a form that clearly
indicates the author's
authority, expertise, and
knowledge of the
individual's achievements; |
| f. |
Evidence
that the individual 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
evidenced by contracts or
other reliable evidence;
or |
| g. |
Other
comparable evidence. |
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For
how long is the O-1 Visa valid?
An
O-1 visa holder may be admitted for an
initial period of not more than three
years. An extension of the O-1 visa
may be authorized in increments of up
to one year. |
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Who
may accompany an O-1 Visa holder?
Foreign
individuals may accompany the O-1
artists, athletes or motion
pictures/television artists in O-2
status if they are coming to the
United States to assist in the
performance of the O-1 individual, are
an integral part of the performance,
and have critical skills and
experience with the O-1 visa holder
which are not possessed by U.S.
workers.
Written consultations/advisory
opinions are also required for each
O-2 individual.
The
spouse and unmarried children under
the age of twenty-one may apply for O-3
visa status in order to accompany the
O-1 visa holder to the U.S.
O-3 visa status does not confer
authorization for employment in the
U.S. |
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How
may I obtain an O-1 Visa?
The
O-1 visa petition is filed at the
appropriate B.C.I.S. Regional Service
Center with evidence of the
individual’s extraordinary ability
and an advisory opinion from an
appropriate consulting entity or a
labor organization.
If there is no such consulting
entity or labor organization in the
foreign individual’s field, the
employer must document that such a
peer group, labor organization or
management organization does not exist.
If
the foreign individual is in the
United States and eligible to change
nonimmigrant status, the B.C.I.S. will
issue an approval notice with a new
I-94 card. If he or she is
unable to change status in the U.S. or
not present in the U.S., he/she must
apply for an O-1 visa at a U.S.
consulate abroad.
To
request a consultation regarding an
O-1 visa, please contact our office here. |
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