O-1 Visa Lawyer

Get Assistance from the Right Experts for your O-1 Visa Application

The O-1 visa is a nonimmigrant visa that is reserved for individuals who possess extraordinary abilities in the field of science, arts, business, athletics, or education, or for individuals who have exhibited extraordinary achievements in the motion picture or television industry.

O-1 visas can be classified into two types, the O-1A, and the O-1B visa. In this segment, we will be discussing the O-1A visa category, which is reserved for individuals with extraordinary abilities in the field of science, education, business, or athletics. If you would like to read about the O-1B visa category that is reserved for individuals with extraordinary abilities in the arts, or extraordinary achievements in the motion picture or television industry, you can find a link to the same here.

The USCIS also allows individuals who are essential to an O-1 Beneficiary’s artistic or athletic performance, to accompany such Beneficiary, and assist him/her in that performance as an O-2 accompanying Beneficiary. If you would like to read more about this, we’ve got you covered.

The USCIS implements a rather comprehensive process while scrutinizing O-1A visa applications. In addition to this, the complex nature of O-1A visa applications is yet another reason why applicants must certainly hire experienced immigration attorneys to handle their O-1A visa requirements.

Eligibility Requirements of an O-1A Petition

The eligibility requirements of an O-1A visa are almost entirely dependent on the O-1A Beneficiary, i.e., the proposed O-1A employee. Despite this, O-1A visas are not eligible for self-petition, and a petition for the same can only be filed by the proposed US employer or an agent.  

In order to successfully petition for the visa, the Petitioner should establish that the O-1A Beneficiary:

• Possesses extraordinary ability in the sciences, education, business, or athletics, which has been demonstrated by sustained national or international acclaim. 
• Possesses achievements that have been recognized in the field through extensive documentation; and
• Is coming to continue work in his/her area of extraordinary ability.

In order to prove that the Beneficiary’s achievements have been recognized within the field, the Petitioner may submit proof of the Beneficiary’s receipt of a major internationally recognized award (such as the Nobel Prize). Alternatively, the Petitioner may also submit documentary evidence satisfying any three of the following list of acceptable criteria, on behalf of the Beneficiary:

1. Documentation of the Beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the Beneficiary’s membership in associations in the field for which O-1A classification is sought;
3. Published material in professional or major trade publications or major media about the Beneficiary, relating to the Beneficiary’s work in the field;
4. Evidence of the Beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization;
5. Evidence of the Beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field;
6. Evidence of the Beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media;
7. Evidence that the Beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
8. Evidence that the Beneficiary has either commanded a high salary or will command a high salary or other remuneration for services.

Applying for an O-1A visa

A U.S. employer, U.S. agent, or foreign employer through a U.S. agent can petition for an O-1A visa, on behalf of the Beneficiary. A petition for the O-1A visa can be prepared by attaching the completed Form I-129 with signed checks and required documentation, which can then be sent to the concerned USCIS office. Apart from the above-discussed documentary evidence required to establish the Beneficiary’s achievements within the field, the petition must also be accompanied by:

1. A Consultation Letter or an Advisory Opinion from a peer group (including labor organizations) or a person with expertise in the Beneficiary’s area of ability. The letter should describe the Beneficiary’s ability and achievements within the field and state whether the position requires the services of a person of extraordinary ability.
2. A Valid Employment Contract containing the terms and conditions of the proposed US employment.
3. An Itinerary containing a detailed explanation of the proposed nature of the events or activities, including the beginning and end dates of these events or activities.

Benefits of Opting for an O-1 Visa Classification

• One of the most notable benefits of opting for an O-1 visa is that there is no limit to the number of times an extension can be sought for the visa. 
• Another advantage of the O-1 visa is that it permits O-1 Beneficiaries to work for multiple different employers in the United States. 
• Lastly, spouses and unmarried children (under 21 years) of O-1 Beneficiaries are eligible to accompany the Beneficiary, in the United States, in O-3 status.

We have a Unique Perspective for O-1 Petitions

Based out of Chicago, Illinois, with additional offices in Schaumburg, IL, and Madison WI, the Francis Law Center is committed to serving the immigration needs of clients throughout the world. Our clients include people coming to the United States from India, Pakistan, Latin America, Canada, Middle East, Asia, Europe, Africa, Korea, and elsewhere. 

The Francis Law Center is committed to practicing immigration law. In fact, it is the only kind of law we practice. Attorney Jae Francis Lee brings experience as a professional, working as a Professor of United States History at the University of Wisconsin and holds a Ph.D. from New York University. He understands the importance of in-depth research and meticulous documentation required for a successful O-1 petition. As a result, we can help you understand your options when it comes to qualifying and filling an O-1 petition.  

Schedule an Initial Consultation: Call us at 866-868-1596. You can also reach us online. We look forward to hearing from you.