This video discussion between two immigration lawyers, Benjamin Hamilton and Andrew Craven, from the law firm Chavez and Valko. They explain the O-1 visa, which is for individuals with extraordinary abilities in fields such as sciences, arts, education, business, athletics, motion pictures, and television productions. The O-1 visa is divided into two categories: O-1A (general extraordinary ability) and O-1B (extraordinary achievement in motion pictures and television).
Key points covered:
Eligibility Criteria:
O-1A: Demonstrate extraordinary ability through national/international awards, membership in organizations requiring outstanding achievements, published material, participation as a judge, original contributions, authorship of scholarly articles, critical employment, and high salary.
O-1B: Criteria focus on the motion picture and television industry, such as commercial success, box office receipts, and notable achievements.
Documentation and Evidence:
Detailed documentation is required for each criterion, including selection criteria for awards, membership organizations, published articles, and recommendation letters.
Evidence must be backed by credible sources and may include media coverage, scholarly publications, patents, and letters from industry experts.
Petition Process:
An O-1 visa petition must be submitted to USCIS, with a processing time of 3-4 months or 15 days with premium processing (extra fee).
Applicants can use an agent if they work for multiple employers or foreign employers.
A written contract and itinerary detailing the applicant’s planned activities in the U.S. are required.
Advisory Opinion:
A consultation with a relevant U.S. peer group or labor organization is required to provide an advisory opinion on the applicant’s extraordinary ability.
Family and Support Personnel:
Spouses and children can accompany the O-1 visa holder on an O-3 visa but cannot work in the U.S.
O-2 visas are available for essential support personnel.
Extensions and Transitions:
The initial O-1 visa is typically granted for three years, with possible extensions.
The O-1 visa can be a pathway to the EB-1A visa for permanent residency, especially useful for individuals subject to the J-1 two-year home residency requirement.
Want to print your doc? This is not the way.
Try clicking the ⋯ next to your doc name or using a keyboard shortcut (
