O-1 Visa For Extraordinary Ability - Saenz-Garcia Law

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O - 1 VISA For Extraordinary Ability

O-1A – Individuals with Extraordinary Ability or Achievement

PURPOSE

This is for individuals who have demonstrated extraordinary ability or achievement in their field such as business, science, arts, or athletics.

HOW

  1. Employer sponsored: Must be a U.S. employer or agent, OR entrepreneur / self-sponsored in specific circumstances.
    • U.S. Employer with valid tax ID that is real and operating.
    • Agents: Those who represent others.
    • Entrepreneurs can form and own the company sponsoring their O-1 visa. This opens doors for startup founders and self-employed innovators eager to establish a U.S.-based business. 
  2. O-1A: Reserved for individuals with extraordinary ability in the following areas:
    • Sciences
    • Education
    • Business 
    • Athletics
  3. O-1B: Designated for individuals with extraordinary ability in: 
    • the arts
    • motion picture industry
    • television industry
  4. Documentation requirements:
    • Supporting evidence for O-1A: Extensive documentary evidence of extraordinary ability or achievement, which may include at least 3 of the following:
  • Receipt of nationally or internationally recognized prizes or awards.
  • Memberships in exclusive organizations requiring outstanding achievement.
  • Major media coverage.
  • Evidence of high salary or other significant recognition.
  • Original work documented by patents, licences, commercialization of research innovation, contributions to open-source repositories or other technical resources, and reference letters from government entities and other experts in the field, i.e. original contributions of major significance 
  • Scholarly peer-reviewed articles in the field.
  • Service as the judge of the work of others.
  • Documentation of work or performance in critical or leading roles.
  • Other Comparable evidence.
    • Supporting evidence for O-1A: Extensive documentary evidence of extraordinary ability or achievement, which may include at least 3 of the following:
  • Evidence you have or will perform/serve as a lead or starring role in major productions or events for organizations or establishments with distinguished reputation. 
  • Evidence you have achieved national or international recognition for achievements in terms of critical reviews or other published materials in major media.
  • Evidence of major commercial or critically acclaimed success in the field.
  • Evidence of significant recognition in the form of testimonial letters from organizations, critics, government agencies or other recognized experts in the field.
  • Evidence of substantial remuneration for services.
  • Other Comparable evidence.

5. Other Information

    • Initial approval for up to three years; 1 year extensions indefinitely
    • Not a dual intent visa, but some proceed to filing EB-1A petitions
    • Family can obtain O-3 visas.
    • Assistants of O-1B’s may obtain O-2 status in certain circumstances.

Not sure if you qualify for the O-1 visa, schedule a consultation with us today and let us help you reach your immigration goals.

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