The O-1 visa is a type of nonimmigrant employment-based visa. Notably, it is exclusively reserved for foreigners with extraordinary abilities in the sciences, education, business, or athletics (i.e., the O-1A visa). Or, those who have proven extraordinary ability in the arts or extraordinary achievements in the motion picture or television industry. (i.e., the O-1B visa). Importantly, using the term “extraordinary” abilities or achievements is not necessarily a subjective stance but rather based on specified criteria. So, with that being said, please continue reading to learn whether you qualify for an O-1 visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you accurately interpret its eligibility criteria.
How do I know whether I qualify for an O-1 visa?
To re-emphasize, the United States Citizenship and Immigration Services (USCIS) holds a strict definition for what is considered to be “extraordinary” abilities or achievements for the O-1 visa category. For one, if your practice is in the sciences, education, business, or athletics, you must prove that you are part of a small percentage of individuals at the top of your field. This may be supplemented by tangible evidence of your successful career thus far, such as your membership in prestigious professional organizations, your published works concerning breakthrough topics in your field, and your awards for the important work you have contributed to your field thus far. You may even go as far as sharing your history of high salaries in your held job positions thus far.
As for an extraordinary ability in the arts, the key to this is proving your distinction. That is, you must prove that you have prominent, renowned, leading, and consistent national and international recognition for your high level of achievement in your field. Similarly, for extraordinary achievements in the motion picture or film industry, you must establish that you are recognized for your degree of skill in your field significantly above what is ordinarily encountered. Relevant evidence for all these fields may be copies of critical reviews about you, your received national and international awards, and more.
What are the other O visa types to consider?
Say that you are necessarily an individual with extraordinary abilities or achievements, but you have a close relationship with someone who does. Well, you may be able to temporarily accompany them in the United States through another O visa type. For example, an O-2 visa is designated for individuals who wish to accompany an O-1 artist or athlete to assist them in a planned event or performance. With this, you may have to establish your pre-existing, longstanding working relationship with the O-1 visa holder, along with how your unique skills and experience are integral to their success in said event or performance.
Then, there is also the O-3 visa, intended for the spouses and children of O-1 and O-2 visa holders. For this, you may simply provide proof of your familial relationship with the visa holder (i.e., marriage certificate, birth certificate, etc). This may also entail attending a visa interview with the U.S. consulate.
In conclusion, if you are ready to apply for a nonimmigrant employment-based visa, please first retain the services of a skilled work authorization permit lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. is ready and able to take on your case.