O-1 visas: an overview

The O-1 visa is a non-immigrant visa classification for foreign nationals who have extraordinary ability in the sciences, arts, education, business or athletics. There is no prevailing wage requirement and the O-1 visa may be extended indefinitely. Finally, there is no limit to the number of O-1 visas that can be issued.

Requirements for an O-1 visa:

Nearly every U.S. employer is eligible to employ an O-1 alien. Any admissible person who meets the O-1 qualifications is eligible for an O-1 visa. The requirements are discussed below:

To qualify for an O-1 visa, an alien must

1. Demonstrate that he or she possesses extraordinary ability in the arts, sciences, business, education, athletics, or the motion picture or television industry.

2. Have achieved sustained or international acclaim in their field.

3. Be employed in the United States to perform temporary services for a U.S. employer in his or her field of extraordinary ability.

Extraordinary ability means that an alien has a high level of expertise in their area. This high level is best described as the top tier of any field. Artists and entertainers usually must show international recognition.

An alien has to prove that he or she really has extraordinary ability in their field. This is done by submitting certain evidence with the O-1 petition. The best evidence an O-1 applicant could provide would be an internationally-recognized award, such as a Nobel Prize. As most people do not have a Nobel Prize, a combination of the following should suffice:

• Published newspaper, magazine, or journal articles about the alien's work;
• Nationally recognized prizes, awards, or distinctions;
• Proof that the alien has Membership in an association that requires members to have outstanding achievement;
• Original scientific or business-related contributions of major significance in the alien's field;
• Evidence that the alien commands a high salary in his field;
• The alien's participation on a distinguished panel, or as a judge for other people's works;
• Scholarly articles written by the alien in any type of major media or professional journals;
• The alien's employment history with companies or organizations that have a high reputation in a given field.

If the alien's ability is in a unique field where the above do not apply, the alien may submit any other evidence that demonstrates the extraordinary ability.

How an O-1 visa is filed:

No labor certification is required for O-1 visas. However, an employer still must file the O-1 petition on behalf of the alien. After the petition has been approved by the USCIS, the alien will then apply for the O-1 visa. When granted, the alien may travel to the U.S.

The experienced and skilled immigration attorneys at Shihab and Associates are prepared to assist you in obtaining an O-1 visa. We can work with sports teams, large universities, and many others . No matter what your issue, Shihab and Associates is ready to guide you through the process. To set up an initial consultation please contact us.