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The O-1 visa is available to individuals of “extraordinary ability”
in the arts, athletics, science, business and education who are
coming to the U.S. to work in their field.
We assist companies, workers, and their dependent family
members in obtaining their O-1, O-2 and O-3 visas. We prepare
the extensive paperwork and guide them through the distinct and
complex rules that are applicable to each profession within this
broad visa category. We coordinate matters between employer
and employee, and represent the parties before the USCIS in the
U.S. as well as the consulate of the employee’s home country.
We guide the parties through decisions regarding the exacting
eligibility requirements for O-1 and O-2 visas, as well as the
methods and documentation needed to satisfy the legal criteria
applicable to each of the professions covered by this visa.
We obtain advisory and consultation reports from peer groups,
labor unions, and management organizations, as required, review
employment contracts, reference letters, diplomas, certificates
and additional documentary and financial requirements, and
assist with the eventual change from an O visa to another visa, as
appropriate.
The O-1 Visa
O-1 visas are available to individuals in the above-mentioned
categories based upon individual qualifications who enjoy national
or international acclaim, and who meet the demanding standard
of “extraordinary ability”.
Motion picture or television production applicants must have a
“demonstrated record of extraordinary achievement”, which
involves a somewhat more liberal application of the “extraordinary
ability” requirement, and for those in the arts (defined as any field
of creative activity, including but not limited to fine, visual,
culinary, and performing) an even less rigorous standard known
as “distinction” applies to the individual’s qualifications.
The O-1 visa is based upon individual qualifications; membership
in a group or team is not by itself sufficient to obtain this visa.
O-1 Visa Privileges
• Visas can be issued quickly.
• You may travel freely in and out of the U.S. for the term of
the visa.
• O-2 visas are available to those who work as essential
support personnel of O-1 athletes and artists.
• O-3 Visas may be issued to accompanying relatives of
O-1 and O-2 visa holders, but they may not work or study
.
• You do not have to prove that you intend to return to your
home country residence when your business in the U.S. is
completed.
• O-1 and O-3 visa holders may apply for permanent
residence while in O status.
Prerequisites and Restrictions: O-1 and O-2 Visa
• You must be the recipient of a job offer.
• You must meet the stringent standards of “Extraordinary
Ability” applicable to the O visa.
• Letters of no objection or advisory opinions must normally
be obtained from U.S. peer groups, labor organizations, or
management organizations to obtain O-1 and O-2 visas.
• You are restricted to working for the employer who acted
as your sponsor.
• O-2 visas are not available in the fields of science,
business or education.
• O-2 visa applicants must prove that they intend to return
to their home country residence when their business in the
U.S. is completed.
• O-2 visa holders may not apply for permanent residence
while in O status.
BOGLE
OKOYE
CHANG
BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
O Work Visas: Extraordinary Ability in the Arts, Science, Athletics, Business and Education