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O1 Visa Status

Published May 26, 2021 by Brooks Law Firm
O1 Visa Status

O1 Visa To Green Card

The United States regularly allows foreign people with extraordinary abilities in sciences, arts, athletics, education or business to live and work here through an O-1 visa. The idea is to allow the U.S. to benefit from the knowledge of these brilliant minds. A U.S. employer must file a petition on behalf of the foreign employee.

Once the employee is in the U.S. they can seek permanent resident status without raising suspicions about their intentions.

Types Of O-1 Visas

People who are extraordinarily gifted in the sciences, business or education may receive the O-1A visas. The O-1B visas are specifically for people with extraordinary abilities in the arts or people with great achievements in media or film. The immediate family members of O-1A and O-1B holders need the O-1B visa to enter the United States.

Are You Eligible For An O-1 Visa

O1 Visa StatusThe following are some requirements for the O-1 visa:

  • You must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry
  • You must continue working in your area of great achievement when you come to the U.S.
  • You must be one of the few to rise to the top in fields of education, science, business or athletics
  • You must have achieved the level of distinction in the field of arts to an extent that you are prominent, renowned, leading, or well-known in that field.

Signs A Foreign National Has Sustained National and International Acclaim In A Field

You must demonstrate that you have achieved national or international acclaim in business, science or education for you to qualify for an O-1 visa. Some of the evidence you may need to provide include:

  • An award or price for excellence that is recognized nationally and internationally
  • You are employed in a critical or essential position in a company or organization with a distinguished reputation
  • You are a member in an association that requires members to have great achievement that is recognized all over the world
  • There are published material about you in major professional and trade publications
  • You are either paid or were paid a high salary for services you offered
  • You have authored scholarly articles in professional journals or other platforms
  • You judged the work of others in your field while participating as a panel member
  • You made original business, scholarly or scientific contributions that are of great significance

All these requirements sound subjective but it is up to the USCIS to decide whether you are an extraordinary contributor in your field based on the evidence you provide.

Advantages Of the O-1 Visa

Top advantages of the O-1 Visa include:

  • O-1 visa holders can live and work legally in the United States for their visa sponsor
  • O-1 visa process is very fast
  • The spouse and unmarried children under 21 can get into the U.S. with the visa holder
  • You can travel in and out of the U.S. as long as your visa is still valid

For more information about the O-1 visa, talk to an experienced immigration lawyer.

You May Also Be Interested In…

  1. What Is L1 Visa
  2. Applying For A-1 And A-2 Visas
  3. What You Need To Know Before Filing Form I-751

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