O-1 Individual With Extraordinary Abilities
Cupertino Immigration Attorney
An O-1 nonimmigrant Visa is for individuals who possess exceptional skill
in the sciences, arts, business, education or athletic field (these are
considered "O-1A individuals"). This Visa established by Section
101(O)(i) of the Immigration and Nationality Act.
Individuals who have contributed in an extraordinary way to the motion
picture or television industry and have been nationally recognized for
these efforts (these are considered "O-2 individuals") can also
apply for an O-1 nonimmigrant Visa. Finally, someone who accompanies an
O-1 to assist in a specific event or performance can apply for this Visa
as well. This person's assistance must be rendered "essential,"
however, to the performance or production of the O-1A or O-1. O-3's
are the spouses or children of an O-1 or O-2 individual.
How to Qualify for an O-1 Nonimmigrant Visa
To qualify for this visa, you must demonstrate extraordinary ability (which
is confirmed by international acclaim). You will have to file a Form I-129,
Petition for Nonimmigrant Worker with the USCIS office. You cannot file
this petition more than one year before your services are needed. The
form should be filed, however, at least 45 days before the date of employment.
You will need a written advisory opinion from a U.S. peer group with expertise
or labor/management organization concerning your area of ability. You
will also need at least three of the following forms of documentation:
- Documentation of your receipt of nationally or internationally recognizes
prizes or awards
- Documentation of your membership in association in the field for which
classification is sought
- Published material in professional or major trade publications or major
media about yourself
- Evidence of your participation on a panel, or individually as a judge of
the work of others
- Evidence of your scientific, scholarly or business-related contributions
of major significance in the field
- Evidence of your authorship of scholarly articles in the field, in journals
or major media
- Evidence that you have been employed in essential capacity for an organization/establishment
and have a distinguished reputation
- Evidence that you have either a high salary or will command a high salary
for your services (as demonstrated by contracts or other evidence)
You can change employers while under an O-1 Visa. In this instance, your
new employer would simply have to file a new Form I-129. If any changes
in the terms or conditions of your employment takes place, you will have
to file an amended petition on Form I-129. The O-1 Visa is valid for up
to three years. You can enter the U.S. 10 days before the validity period
of your Visa and exit 10 days after the validity period of your Visa ends.
An extension can be granted, if the extension is needed for you to complete
or continue your necessary activities (as mentioned in your initial I-129).
There are no travel restrictions while on O-1 status. The O-1 Visa processing
time can be reduced to 15 calendar days, however, you will have to pay
a premium processing fee of $1,225.
As an O-1 Visa holder, you can work for more than one employer at the same
time, as long as both of your employers filed separate petitions with
the USCIS. You can engage in part time study as an O-1 Visa holder, but
you cannot be a full-time student.
Are you a world-renowned band, chef, model, playwright, Olympic gold medalist,
Oscar winner, director, Grammy winner, scientist, author or so forth?
Let the Law Office of Timothy D. Widman help you secure the access to
the United States that you deserve! You deserve the chance to use your
talents in our country; The Law Office of Timothy D. Widman is available
around the clock to answer your questions about Visa approval!
For more information, check out the U.S. Citizenship and Immigration services'
website or contact the Law Office of Timothy D. Widman today at (408) 780-1684!