The O-1 Visa is a non-immigrant visa that allows certain individuals to work temporarily in the United States. People coming on O-1 Visas include extraordinarily talented and nationally or internationally known scientists, educators, artists, athletes or business people. These individuals must have "extraordinary ability" in their field of expertise. Such ability must be extensively documented and substantiated through awards won, media attention received, and association with other renowned experts in the same field, and/or innovation or major contributions in the specific field of expertise among other forms of proof. National and/or international acclaim of the individual is important in establishing extraordinary ability.
An individual seeking an O-1 Visa (beneficiary) must have a sponsor (petitioner). This means that the visa is employer specific and a job offer is needed. For example, a professional baseball player wants to come to the US to play baseball. In this case, the baseball team may apply for an O-1 Visa on his behalf. If the person is a musician, a musical group (like an orchestra) must apply for her. An actor will need a studio to apply on his/her behalf.
Definitions
Arts: This includes any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts or performing arts.
This, not only includes those who are the principal creators and performers, but also essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestra conductors, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.
Event: This could be a scientific project, conference, convention, lecture series, tour, exhibit, business project, academic year, or engagement. The event can comprise short vacations, promotional appearances, and stopovers, which are incidental and / or related to the event. A group of related activities may also be considered to be an event. The contract could be the event in the case of an O-1 athlete.
Extraordinary ability in the field of arts: This means distinction or a high level of achievement in the field of arts, recognized by a degree of skill. The person must be renowned in the field of arts and must possess skills that are far above ordinary levels.
Extraordinary ability in the field of science, education, business, or athletics: It refers to a level of expertise of a person who has risen to pinnacle of the field of endeavor.
Extraordinary achievement with respect to motion picture and television productions: This means distinction or a high level of achievement in the motion picture or television field, recognized by a degree of skill. The person must be renowned in the field of arts and must possess skills that are far above ordinary levels.
Peer group: This refers to a group or organization, which is comprised of practitioners of the alien's occupation.
The collective bargaining representative of an employer's employees can also be considered appropriate peer group for the purpose of consultation. The occupation under which, the employment is sought and the occupation of the representative should be the same.
Who has extraordinary ability in the sciences, arts, education, business, or athletics
Who has received sustained national or international acclaim and
Who is coming temporarily to the United States to continue work in the area of extraordinary ability
It also applies to the person who has a demonstrated record of extraordinary achievement in motion picture and / or television productions and who is coming temporarily to the United States to continue work in the area of extraordinary achievement.
People falling into any of these 2 categories could obtain the O-1 visa:
Athletes, Business people, Educators and Scientists
Artists and Entertainers (including those associated with Motion Picture or Television Productions)
Athletes, business people, educators and scientists: Applicants of the O-1 visa must furnish valid proofs of their credentials, which substantiate their extraordinary ability. The petitioner too must provide ample proof of the beneficiary's abilities.
This can be done by showing that the beneficiary has won a significant award like the Nobel Prize or something else that gained recognition all over the world. Otherwise, the beneficiary must satisfy at least 3 of the following criteria:
Be a recipient of nationally or internationally acclaimed awards.
Be a member of such associations that comprise the most highly placed individuals of that particular field.
Have had featured in publications or other forms of media of national / international repute.
Have made noteworthy innovations or contributions in / or to the area of expertise.
Have his / her articles featured in well-known journals and other popular forms of media.
Be able to test the abilities of others in the specific area of expertise.
Be an employee with a pivotal responsibility in an organization of national / international fame.
Earn a high remuneration for the services offered with duly supporting evidences.
Artists and Entertainers including those associated with Motion Picture or Television Production: This category includes those individuals involved in the areas of fine arts, visual arts and performing arts. It includes any area pertaining to creativity.
The petitioner must prove the beneficiary's eminence in the area of expertise. Most often, showing a significant award that the beneficiary has won can do this. Otherwise, the beneficiary must satisfy at least 3 of the following criteria.
The beneficiary must:
Prove that he / she has, and will perform as a lead participant in an event / organization / establishment. The event should have been critically acclaimed. Advertisements and publicity releases, publications, endorsements or contracts can provide further evidence of this
Be professionally associated with people / productions of international acclaim
Have had achieved national / international fame through various popular media
Have had performed in a key role in organizations / events that claim of international / national repute
Have had accomplished significant professional and critical success and recognition
Be earning one of the highest remunerations in the field
Initial stay: 3 years
Extension of stay: In 1-year increments
Total: Duration of Status
An O-1 visa holder is initially admitted to the United States for the duration of the event, production or activity, not to exceed 3 years.
An O-1 visa can be extended till the time the individual accomplishes the set task.
An O-1 visa can be extended on a yearly basis for an indefinite period. The Form I-129 is to be filed by the employer to seek extension.
Though the application for an extension does not include a consultation, it however, requires a statement of the reason for an extension.
Form I-129 - Petition for Nonimmigrant worker: The employer for extension of stay petitions this. The form costs $110.
The O-1 visa is not self-petitioned. An applicant (beneficiary) must have a sponsor (petitioner) to apply for the status.
The petitioner should file a petition on Form-I-129 with the BCIS (INS), at the Service Center that has jurisdiction over the state in which the employment is sought, at least six months prior to the commencement of the impending work / performance.
The petition must be supported by a recommendation in print from a "peer group" or "a person with proficiency" in the beneficiary's field or an organization known for its expertise in the beneficiary's field.
Only one beneficiary may be included on an O-1 petition. A United States employer, a United States agent, or a foreign employer through a United States agent may only file an O-1 petition.
Services in more than one location: A petition that requires the applicant to work in more than one location (e.g., a tour) must include an itinerary with the dates and locations of the performances and must be filed with the service center, which has jurisdiction over the area where the petitioner is located.
Services for more than one employer: If the beneficiary or beneficiaries will work for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the services will be performed.
Change of job: If the O-1 visa beneficiary desires to work for another employer, the new employer needs to file another O-1 petition and is not allowed to hire the services of the beneficiary until the BCIS (INS) has approved the O-1 petition.
Visa issuance fee: Differs from one country to the other. It is based on reciprocity - the fee your country would charge an American for a similar visa.
Visa application fee: It is $45 and does not depend on the type of non-immigrant visa applied for, and whether or not the visa issuance fee is charged
To get a O-1 visa you must present the following documents:
The visa application Form OF-156, completed and signed
Your passport, with a validity date exceeding the intended period of stay by at least 6 months
One photograph 1 & 1/2 sq. inches (37mm x 37mm) of each applicant, showing full face, without head covering, and against a light background
What are the other documents that would be required?
Since the O-1 visa is employer specific, the petitioner must file a set of necessary documents that include:
The beneficiary's curriculum vitae and academic background
Essential documents of proof that the beneficiary fulfils the eligibility criteria for the O-1 visa
Affidavits, contracts, awards, and similar documentation must reflect the nature of the alien's achievement
Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability
Valid information about the employer (petitioner), including the financial information
A letter from the petitioner that contains
An employment offer to the beneficiary
A brief account of the offer
The job requirements and responsibilities
The actual date of the employment
The remuneration offered
An attested note of the beneficiary's qualifications for the position
A 'No Objection Letter' from the peer group, an expert of the same field, or from an organization
The forms required to file-in for an O-1 visa are:
Form OF-156(ftp://www.immigrantsoftware.com/Isc/pdfforms/of-156.pdf) This is the visa application form and is available at all U.S. consular offices free of charge.
Form I-94: The arrival-departure record, used at the U.S. Port of Entry. It details the bearer's duration of stay in the U.S., and costs $6.
Form I-129 - Petition for non-immigrant worker: This is petitioned by the employer for a charge of $110.
Form I-797- Notice of Action: Petition submitted to the BCIS (INS) by the employer on the action taken on the immigration issue.
Family: The spouse and children of an O-1 visa holder are allowed entry under the O-3 status. The employer (petitioner) has to file a petition on their behalf.
J-1 visa holders: The O-1 visa is also issued to J-1 visa holders with extraordinary ability who seek a waiver from the foreign residence requirement, until they obtain the same. It is, however, a temporary option and does not substitute the need for obtaining the waiver or the foreign residence requirement.
U.S. Port of Entry: You should be aware that a visa does not guarantee entry into the United States. The BCIS (INS) has authority to deny admission. It is the BCIS (INS) and not the consular officer who determines the period of stay.
At the port of entry, an BCIS (INS) official validates Form I-94, recording the arrival, which clarifies the length of stay permitted.
You must surrender your Form I-94 when you leave the United States. You do not have to turn in the form if you are visiting Canada, Mexico, or adjacent islands other than Cuba for less than 30 days.
Denial of entry: Attempting to obtain a visa by willful misrepresentation of a material fact or fraud may result in permanent refusal of a visa or denial of entry into the United States forever.
A non-immigrant who remains in the United States beyond the period for which he / she has been granted permission to stay, may be subject to deportation.
Visa ineligibility / waiver: Form OF-156 (the non-immigrant visa application) lists classes of people who are ineligible under U.S. law to obtain visas. In some instances though, an applicant who is ineligible, but otherwise properly classifiable, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.
An O-2 visa is issued to the support personnel who accompany the O-1 visa holders, in the fields of athletics, entertainment, motion picture and television production. This status is not available to those individuals related to the areas of science, business or education.
To be eligible for an O-2 visa, you must meet the following criteria:
Have a vital role in the central performance
Have essential skills and a wealth of experience that is above average standards
Have a committed professional association with the 0-1-visa holder
Must prove the possession of a foreign residence, which will not be abandoned. A specific date of exit should also be expressed
Must gain a labor consultation from the Labor Organization stating that there are no American individuals who can assist and the O-2 beneficiary if essential for the fulfillment of the work of the O-1 visa holder.
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] Initial stay: 3 years
Extension of stay: In increments of up to 1 year
Total: Duration of Status
Since individuals seeking an O-2 visa accompany the O-1 visa holders, an O-2 visa is valid till the time the O-1 visa holder accomplishes his / her task.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
Since you are accompanying the O-1 visa holder, you are permitted to stay as long as the set task is accomplished. The extension is given in yearly increments. The employer has to file Form I-129 for an extension. The base fee for the petition is $110.00.
What is the procedure for Visa application and what is the fee?
Since the O-1 visa is employer specific, and O-2 visa holders act as support staff to the O-1 visa holders, the employer (petitioner) must file a petition on the Form I-129 with the service center having jurisdiction over the region where the task is to be performed / carried out.
Application for an O-2 status must be filed on a separate petition. A United States employer, a United States agent, or a foreign employer through a United States agent may only file an O-2 petition.
More than one accompanying personnel may be included on a petition if they are assisting the same O-1 applicant for the same events or performances, during the same period of time, and in the same location.
What is the procedure for Visa application and what is the fee?
A15
] Since the O-1 visa is employer specific, and O-2 visa holders act as support staff to the O-1 visa holders, the employer (petitioner) must file a petition on the Form I-129 with the service center having jurisdiction over the region where the task is to be performed / carried out.
Application for an O-2 status must be filed on a separate petition. A United States employer, a United States agent, or a foreign employer through a United States agent may only file an O-2 petition.
More than one accompanying personnel may be included on a petition if they are assisting the same O-1 applicant for the same events or performances, during the same period of time, and in the same location.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
Visa issuance fee: Differs from one country to the other. It is based on reciprocity - the fee your country would charge an American for a similar visa.
Visa application fee: It is $45 and does not depend on the type of non-immigrant visa applied for, and whether or not the visa issuance fee is charged
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
The following documents need to be furnished for an O-2 visa:
The visa application Form OF-156, completed and signed
The passport, with a validity date exceeding the intended period of stay by at least 6 months
One photograph 1 & 1/2 sq. inches (37mm x 37mm) of each applicant, showing full face, without head covering, and against a light background
Additional documents to be furnished:
Evidence that you intend to return to your country of residence.
An agreement between you and the employer (Petitioner) with clearly chalked out terms and conditions regarding the services to be rendered.
An agreement between you and the O-1 visa holder demonstrating a professional relationship.
Proof of your earlier professional association with the O-1 visa holder and competency in assistance.
Forms
The forms required to file-in for an O-2 visa are:
Form OF-156: This is the Visa application form and is available at all U.S. consular offices free of charge.
Form I-94: The arrival-departure record, used at the U.S. Port of Entry. It details the bearer's duration of stay in the U.S., and costs $6.
Form I-129 - Petition for Nonimmigrant worker: This form is used by the employer and costs $110.
Form I-797- Notice of Action: Petition submitted to the BCIS (INS) by the employer on the action taken on the immigration issue.
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Family: The dependents of the O-2 visa holders can go to the U.S. on an O-3 status. The dependents are, however, permitted entry upon demonstrating proof of immediate relation to the O-2 visa holder. The dependents of the O-2 visa holders are not permitted to seek employment. They are, however, allowed to study in the U.S.
U.S. Port of Entry: You should be aware that a visa does not guarantee entry into the United States. The BCIS (INS) has authority to deny admission. It is the BCIS (INS) and not the consular officer who determines the period of stay.
At the Port of Entry, an BCIS (INS) official validates Form I-94, recording the arrival, which clarifies the length of stay permitted.
You must surrender your Form I-94 when you leave the United States. You do not have to turn in the form if you are visiting Canada, Mexico, or adjacent islands other than Cuba for less than 30 days.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
O-3 visas are issued to the immediate family members (spouse and unmarried minor children) of the O-1 and the O-2 visa holders.
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[Compiled by Law Offices of Rajiv S Khanna]
Initial stay: 3 years
Extension of stay: In increments of up to 1 year
Total: Duration of Status
Since individuals seeking an O-3 status, are the dependents of the O-1 or O-2 visa holders, the visa is valid till the time the principal applicants accomplish the task.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
The dependents of O-1 or O-2 visa holders are allowed to stay till the time the principal applicant accomplishes the set task. The employer has to file a petition on the Form I-539 for an extension. The extension is given in yearly increments.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
Since the O-1 and O-2 visa is employer specific, and O-3 visa holders are the dependents i.e. the spouse and unmarried minor children of the O-1 visa holders, the employer (petitioner) must file a petition with the Service Center having the jurisdiction of the region where the task is to be performed / carried out.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
Visa issuance fee: Differs from one country to the other. It is based on reciprocity - the fee your country would charge an American for a similar visa.
Visa application fee: It is $45 and does not depend on the type of non-immigrant visa applied for, and whether or not the visa issuance fee is charged.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
Form OF-156: This is the Visa application form and is available at all U.S. consular offices free of charge.
Form I-94: The arrival-departure record, used at the U.S. Port of Entry. It details the bearer's duration of stay in the U.S., and costs $6.
Form I-129 - Petition for Nonimmigrant worker: This form is used by the employer. It costs $110.
Form I-797- Notice of Action: Petition submitted to the BCIS (INS) by the employer on the action taken on the immigration issue.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
Law
Offices of Rajiv S. Khanna, P.C
5225
Wilson Blvd., Arlington, VA 22205
Ph: (703)908-4800
6
Byers Street, Staunton, VA 24401
Ph: (540)886-6321
