O-1 Visas
O-1 visas are available to people who have not only a job offer in the U.S., but proven extraordinary ability in the sciences, arts, education, business, or athletics. What does it mean to be considered a person of extraordinary ability? In general, the person must have received national or international acclaim in a particular field, or, if working in motion pictures or television productions, have a demonstrated record of extraordinary achievement.
Specific Requirement for An Exraordinary Abilities Visa
Southern California is known worldwide as a hub for actors, singers, comedians, performers, and many others looking to enter the entertainment industry. O-1 visas can be a pathway to those seeking employment in the entertainment industry. Like any visa, there are specific requirements that must be met in order to successfully obtain an O-1 visa. An O-1 visa will protect an entertainer’s rights as well as insuring valid legal status because are specifically intended for those in the United States intending to work in the entertainment industry.
Short-Term Work Visas Available
There are short-term work visas available to certain people doing specialized work such as the O-1 visa for outstanding workers in the sciences, arts, athletics, education, or business. The O-1A visa is limited to people who are recognized as having exceptional accomplishments in their respective fields and who are coming to the United States to continue work in that field.
Three Basic Requirements for an O-1 Visa
There are three basic requirements for an O-1 visa. You must be able to establish that you
have extraordinary ability in your field. A petition must be filed by a United States employer, a United States agent, or a foreign employer through a United States agent. You must obtain a consultation letter from an appropriate peer group.
Industry Recognition
The applicant must be able to show extraordinary ability, be the subject of sustained national or international acclaim, or be the recipient of a major internationally recognized award, such as an Olympic medal, an Oscar, or a Nobel Prize. Additionally, the person must be coming to the U.S. to work or perform at an event or a series of events in the area of extraordinary ability. Outside the fields of athletics and arts, the term “event” is broadly interpreted and can include, for example, an ongoing research project for a private company.
Track Record
If working in motion pictures or television productions, the individual must have a demonstrated record of extraordinary achievement. When applying for an O-1 visa based on extraordinary ability in the arts, an applicant should determine that his or her work fits the immigration law’s definition of art. The U.S. Citizenship and Immigration Services (USCIS) regulations broadly define art to include any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts.
Benefits of an O-1 Visa
The benefits of an O-1 visa may also extend to family members. A spouse and minor children (those under 21 years of age) can apply for O-3 visas, which give them the same period of stay in the United States As the O-2 visa holder. While this does not allow them to work in the country, they are able to study on either a full or part-time basis. Persons that work for people with an O-1 visa can gain an O-2 visa, allowing them to stay in the U.S. while they support the approved O-1 applicant and their work. These visas are intended for those with entertainment-related roles, such as agents and assistants. Both family and workers will need to go through their own application process to qualify for an O-2 visa, which must prove that they have one of these qualifying relationships with the approved O-1 applicant.
Extraordinary
O-1 visas can be given only on the basis of a person’s individual qualifications. Being a member of a group or team will not, by itself, qualify someone for an O-1 visa. The requirements for an O-1 visa are extensive and proof from many qualified sources is necessary. To determine if your abilities qualify as extraordinary, consult with Fenny & Fenny LLC for a full personal analysis of your eligibility, and for help with the application process.