O Visa

Have you heard of the O visa? An O visa allows the most talented foreign nationals to enter the United States for a temporary period of time, and specific objective. In short, an eligible foreign national of extraordinary ability may receive authorization to enter the United States and provide services concerning a single event, or a sequence of events, if petitioned for by an authorized entity. O visas are granted to people with extraordinary abilities in the fields of science, arts, education, business, or athletics.  

There are different types of O visas:

  1. O-1A Visa: For individuals with extraordinary ability in the sciences, education, business, or athletics.
  2. O-1B Visa: For individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
  3. O-2 Visa: For individuals who will accompany an O-1 visa holder to assist in a specific event or performance.
  4. O-3 Visa: For the spouse and children of O-1 and O-2 visa holders.

Qualifications for O-1A Visa:

  1. Evidence of receipt of a major internationally recognized award (e.g., Nobel Prize), or
  2. At least three of the following:
    • Receipt of nationally or internationally recognized prizes or awards.
    • Membership in associations that require outstanding achievements of their members.
    • Published material in professional or major trade publications about the alien’s work.
    • Participation as a judge of the work of others.
    • Original scientific, scholarly, or business-related contributions of major significance.
    • Authorship of scholarly articles in professional journals or other major media.
    • Employment in a critical or essential capacity for organizations with a distinguished reputation.
    • High salary or other significantly high remuneration for services.

Qualifications for O-1B Visa:

  1. Evidence of being nominated for or receipt of significant national or international awards (e.g., Academy Awards, Emmy, Grammy).
  2. At least three of the following:
    • Performance as a lead or starring participant in productions with distinguished reputations.
    • National or international recognition for achievements.
    • Performance in a lead, starring, or critical role for organizations with distinguished reputations.
    • Commercial or critically acclaimed successes.
    • Significant recognition from organizations, critics, government agencies, or other recognized experts.
    • High salary or other significant remuneration in relation to others in the field.

O-2 Visa Requirements:

  • The O-2 visa applicant must have skills and experience with the O-1 visa holder that are not of a general nature and are critical to the performance of the O-1 visa holder.
  • The O-2 visa applicant must have a significant relationship with the O-1 visa holder.

O-3 Visa Requirements:

  • The spouse and unmarried children under the age of 21 of O-1 and O-2 visa holders are eligible for O-3 visas.

These qualifications are assessed by the U.S. Citizenship and Immigration Services (USCIS), and the visa applicant must provide substantial documentation to support their application. It’s important to note that you must be in legal status to apply for the O visa or be a foreign national living abroad. Meeting the eligibility requirements is crucial when presenting your case, so trust a law firm like Willberg Law to handle it. With our experience, we can help you successfully navigate the process! 

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