Who Qualifies for an O-1 Visa?

The O-1 temporary visa is intended for people who possess extraordinary skills in arts, sciences, business, education, or athletics, or who have a solid track record of extraordinary performance in the motion picture and television industry and have been identified and acknowledged domestically and internationally for their excellence.

Types of O -1 Visas

  • O-1A visa – is reserved for people who have extraordinary skills in sciences, business, education, or athletics.

  • O-1B visa  – is intended for people with extraordinary skills in the arts or extraordinary achievements in television or motion picture industry.

  • O-2 visa – is given to people who will assist and accompany an O-1 visa holder, artists, or athletes to carry out the contemplated performance in the United States.

  • O-3 visa – is provided to the spouse or children of an O-1 or O-2 visa holder.

How to Apply for an O-1 Visa

Applying for an O-1 visa can be complicated. There are a number of steps involved and there is a lot of documentation that has to be assembled in order to qualify for the visa. O-1 visas are for people who stand out!

An applicant must file a petition form for nonimmigrant worker with the USCIS office in no more than one year before, but at least 45 days prior to, the actual performance or the need for a foreign national to render a service.

What 3 Types of Documents are Needed for the O Visa?

In order to make a strong petition for an O-1 visa, the following documentation should be submitted along with the petition form:

  1. Consultation
  2. Contract
  3. Itineraries

Document Type #1: Consultation

Documents of a consultation involve a written opinion from a contemporary group, which may include labor organizations, with competence in the applicant’s area of expertise.

If the petition for an O-1 visa is for the benefit of a person possessing extraordinary achievement in television or motion picture industry, the consultation should be issued by an appropriate labor union and a management organization with adept knowledge in beneficiary’s area of expertise.

Exception to Needing a Consultation

A consultation will not be required in the following instances:

  1. If a peer group or a labor organization with expertise in the area of beneficiary’s ability does not exist
  2. If the beneficiary alien is only seeking a readmission to the U.S. within two years from previous consultation to perform the same services. A waiver request and a copy of the previous consultation must be submitted by the petitioners.

Document Type #2: Contract

The contract between the petitioner and the beneficiary must be submitted. If the agreement is oral, a summary of the terms of oral agreement may be filed together with the petition form.

Oral Agreements

For purposes of proving an oral agreement, you may submit:

  • Emails between the contracting parties
  • Written summary of the terms of the contract.
  • Other proof that an oral agreement has taken place.

The summary of Oral Agreement should include:

  1. What was offered by the employer in the U.S.
  2. What was accepted by the employee or beneficiary

The summary does not have to be signed by both parties because it suffices that the terms of the offer and acceptance are included.

Document Type #3: Itineraries

Itineraries will lay down the travel plan, schedule, agenda, timetable, and other programs included in the beneficiary’s travel within the period of stay in the United States. The series of events must be pointing toward the beneficiary’s extraordinary ability.

Why Seeking Professional Help for a O-Visa is Important

Applying for an O-1 visa is a process that involves many steps and requirements.  In order to satisfy an immigration officer, an applicant must provide every necessary detail.

Typically, an individual that is travelling on an O-1 visa will need legal help to ensure that they are successful in their application bid.  When it is a sporting event, performance or other event that an applicant plans to attend, showing up is very important.  In addition, the applicant’s focus is on preparing for the event, not the application process.  This is where immigration lawyers can help.

Why Hire Us to Help You With Your O-1 Visa Application?

While the procedures for O visas may seem straightforward, some employers choose to petition a foreign national of extraordinary ability without seeking any help from an immigration lawyer, which may lead to an unsuccessful application bid.

We have helped hundreds of extraordinary individuals successfully enter the U.S. with O visas and we can help you too!

The first step towards a successful O-1 visa application is getting an assessment of your case. Fill out our free immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.

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