O Visa
O-1 Extraordinary Ability Visa
O-1 visas are reserved for foreign nationals who are highly talented or have reached a high level of acclaim in the sciences, arts, education, business or athletics. The foreign national must be extraordinary in his/her field in terms of knowledge, ability, expertise and accomplishments and the position being offered must require the services of an extraordinary person.
In order to qualify under the O-1 nonimmigrant visa category, a foreign national must be able to demonstrate that s/he has sustained national or international acclaim and that his/her achievements have been recognized in the field through extensive documentation. The foreign national must seek to enter the United States to continue work in his/her area of extraordinary ability.
The following eligibility analysis chart may be used to assemble evidence to establish the foreign national?s extraordinary ability or achievement:
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O-1 Eligibility Analysis Chart
?Must meet at least 3 criteria?
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Evaluation
The first step in an O-1 visa petition process is to carefully reviewing the individual?s background to make sure that the person meets at least 3 of the criteria strongly. To start the evaluation process with our firm, kindly review the chart below; prepare your detailed resume and send to us with a copy of the proposed job description.
| PROPOSED POSITION IN THE U.S. | Please provide a copy of the proposed detailed job description for the O-I petition. |
| DETAILED RESUME | Kindly update your resume to show your employment history. |
| DETAILED SUMMARY | Please indicate a summary of the work contributions you have made. Talk about your accomplishments, expertise you have developed, your research, your findings, etc. Questions to consider: Have you held any prominent assignments? Please discuss. |
| LEADING OR CRITICAL ROLE | Please provide information about leading or critical work. Please write a summary concerning all presentations and speaking engagements relevant to your work; include critical contributions. Please include any national or international awards, if any. |
| [EXPERT TESTIMONIALS TO SHOW INTERNATIONAL RECOGNITION] | Expert Testimonials add weight to your application. Do you have any expert testimonials? |
| MEMBERSHIP(S) THAT REQUIRE OUTSTANDING ACHIEVEMENTS : | Please describe your membership in business organizations- are they prominent organizations? Describe your role and contribution. |
| PUBLISHED MATERIAL ABOUT YOUR WORK. | Kindly submit copies of publications or website where we can easily locate them; it is okay to provide us with links to the site. |
| CRITICAL REVIEWS IN NEWSPAPERS, MAGAZINES OR TRADE JOURNALS. | Please summary what you have done in this area. Please highlight your contribution. PLEASE PROVIDE WORK OF YOUR CRITICAL REVIWS IN NEWS PAPERS, MAGAZINES, JOURNAL, ETC. |
| BUSINESS-RELATED CONTRIBUTIONS OF MAJOR SIGNIFICANCE | This is important: We need to see a number of articles and publications. Kindly summarize any major contributions you have made in your field. For example: Such contributions must be of a quality that gained the researcher acclaim and that set him/her apart and above his peers (for example, your work has led to changes in the field, or was used as a guideline or training tool by others in the field, or was of a breakthrough quality to take apart previous theories, etc.) We need at least 10 reference letters. These letters must introduce the writer and show significant contributions to the field and then the letter should discuss your contribution. We will discuss before we begin the process. |
| AUTHORSHIP OF SCHOLARLY ARTICLES SIGNIFICANT RECOGNITION FROM ORGANIZATIONS, CRITICS, GOVERNMENT AGENCIES, ETC. | The USCIS has long held the view that professionals, for example, artists/entertainers/researchers are expected to publish their work. ?Therefore, you must submit an explanation, along with corroborating documentary evidence that establishes how the articles have impacted the field as well as how the beneficiary?s publishing history exceeds that of others in the field.? In addition, the USCIS heavily relies upon the related citations of the published works to evaluate the publications? significance and recognition in the field. |
| REFERENCE LETTERS | We will need at least 10 reference letters from prominent peers or professionals in the field who can attest to your work. |
The USCIS regulations also note that if these standards do not readily apply to the field, the petitioner may submit other comparable evidence. A different set of standards applies to the arts and the motion picture and television industries.
The U.S. employer files the initial O-1 petition with the appropriate USCIS Regional Service Center in the U.S. Current processing times vary from four (4) to eight (8) weeks. The USCIS?s ?Premium Processing Service? allows businesses to request expedited adjudication on certain pending and newly filed petitions, including the O-1 classification, by filing a completed Form I-907 (Request for Premium Processing Service) and paying a fee of $1,000. This fee is in addition to the normal filing fee of $320 and must be paid by separate check or money order. The USCIS guarantees that within fifteen (15) calendar days of receipt, the employer will receive either an approval notice, a notice of intent to deny, a request for evidence or a notice of investigation for fraud or misrepresentation. If USCIS fails to meet its 15-calendar-day guarantee, it will refund the $1,000 but will continue to process the petition expeditiously. Once approval is granted by the USCIS, the employee, his/her spouse and minor children (under the age of 21) may apply for O-1 and O-3 visas, respectively, at a U.S. Consulate or Embassy.
Spouses and children admitted to the U.S. under O-3 visas are not authorized to work in the U.S.
Canadian citizens are visa-exempt and are not required to apply for visas at a U.S. Consulate.
Foreign nationals of extraordinary ability may be admitted initially for a maximum period of three (3) years.
Extensions of stay in increments of one (1) year may be granted.
Spouses and minor children are entitled to remain in the U.S. for the same period as the principal but are not permitted to work.