Many people migrate to the United States for better employment opportunities than what’s available in their home country. Fortunately, the United States offers an array of temporary and permanent employment-based visas. If you are an individual who possesses extraordinary ability or achievement in a particular field, you may be able to obtain a work visa under the O nonimmigrant classification. However, you must be able to meet the strict eligibility criteria. To determine whether you meet the qualifications to obtain this employment-based visa, it is in your best interest to consult with an adept Essex County Employment Immigration Attorney who can help you navigate your legal options.
What is an O-1 visa?
The O-1 visa is reserved for individuals with extraordinary ability in the sciences, arts, education, business, or athletics or those who have demonstrated a record of remarkable nationally or internationally recognized achievements in the motion picture or television industry. The O nonimmigrant visa categories are broken down as follows:
- O-1A: Individuals who possess exceptional abilities in the sciences, education, business, or athletics.
- O-1B: Individuals who possess exceptional talent in the arts or achievements in the motion picture or television industry.
- O-2: Individuals assisting O-1 artists or athletes in a specific event or performance.
- O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.
What are the eligibility requirements?
When applying for an employment-based visa, meeting specific eligibility requirements is necessary. Criteria for O-1A nonimmigrant visas are determined similarly to EB-1 visas. Individuals must either demonstrate that they have achieved a nationally or internationally recognized award such as a Nobel prize or Olympic medal or satisfy at least three of the following requirements:
- Received national or international recognition for a price or award for excellence in their field.
- Authorship of scholarly articles in the field- published in professional or major trade publications or other major media.
- Original contribution of major significance in the field.
- Serving in an essential capacity for organizations that have a distinguished reputation.
- Possessing employment in the field with a high salary for your services.
- Participation either individually or in a panel as a judge of the work of others in the field.
- Membership in prestigious organizations requires outstanding achievements recognized and judged by other experts in the field.
What is the eligibility criteria for an O-1 B visa?
There are different sets of standards that individuals must meet to qualify for an O-1B visa. Similar to O-1A visa requirements, individuals can demonstrate their extraordinary talent with a significant achievement such as an Academy Award or Emmy or satisfy at least three of the following:
- Performed services as a lead in a production or event with a distinguished reputation as evidenced by reviews, publications, contracts, endorsements, and advertisements.
- Performed in a lead role for organizations with distinguished reputations evidenced by trade journals, publications, or articles in major media.
- Achieved national or international achievements shown in published material or critical reviews.
- Received significant recognition for achievements from organizations or recognized experts in the field.
- Received a high salary for services concerning the field.
If you believe you possess extraordinary ability or talent in a specific field, contact a trusted attorney from the Law Offices of Christopher T. Howell, Esq. today. Our firm can help you determine whether you meet the eligibility criteria to obtain an O-1 nonimmigrant visa to work in the U.S.
