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O-1 Visa

The O-1 visa allows foreign nationals who have extraordinary abilities or achievements in their respective fields of endeavor to enter the U.S. on a temporary basis to work in that field.  This includes extraordinary ability in the sciences, arts, education, business, athletics and extraordinary achievements in the motion picture or television industry.

Sponsoring employers must provide documentation to USCIS of concrete itineraries, events, and/or projects in which the O-1 worker will participate along with consultations from relevant trade or union organizations.

Also, to qualify for an O-1 visa, foreign nationals must demonstrate they are amongst the elite of their profession by providing documentation such as national or international awards, proof of having judged the work of others, publications, media articles discussing the individual and/or their achievements, box office receipts, and much more.  The list of criteria varies depending on what the foreign national’s field of endeavor is in:

  • Athletics, business, education and/or science;
  • The arts; or,
  • Motion picture and television.

Spouses and unmarried children under age 21 are allowed to accompany (or join at a later time) the O-1 worker, in O-3 dependent status. However, they cannot work unless they independently qualify for a work visa. Spouses and children are permitted to attend school while in O-3 status.

The O-1 visa is one of the most complex visas of all the temporary, nonimmigrant work visa categories because it requires multiple types of documentation from the employer and the foreign national.  Please contact our office for more information on how to qualify and prepare for this visa category.

   
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