O-1 Visas For Outstanding Individuals
O-1A Is for people with extraordinary ability in education, business, science or the arts
The O1 Visa is a non-immigrant visa for people who are able to demonstrate an extraordinary ability in science, the arts, education, business, athletics, or film & television.
O-1A Is for people with extraordinary ability in education, business, science or the arts.
O-1B is for individuals who can demonstrate that they have been recognized nationally or internationally in film or television.
O-1 visa holders are also able to apply for integral team members to join them in the United States for a specific event or performance. This person is granted an O-2 visa.
O-1 visa holders are permitted to bring their spouses to the United States on an O-3 visa.
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O-1 for Entrepreneurs
While the O-1 is a well-known route for the arts and sciences, it is less well known as a path for entrepreneurs and business owners. In addition to successfully assisting artists and scientists, Global Immigration Partners has helped entrepreneurs and businessmen move to the United States on an O-1 visa.
We work with our clients to prepare the strongest and most credible case. This includes determining the best documentation to support the assertion that our client is of extraordinary talent. Such documentation includes prizes, publications, membership associations, patents, media coverage, employment history, etc.
Businessmen and entrepreneurs have multiple different options for moving to the United States. Global Immigration Partners specializes in helping entrepreneurs understand the merits of the different options and works to find the best solution to suit each client’s circumstances.
Besides the O-1 visa, other options for entrepreneurs include:
- The L-1 Visa Expand your business to the United States and move there to run that business
- The E-2 Visa Purchase or set-up a business in the United States
- The EB-5 Visa Invest in a green card for the freedom to conduct business in the United States
What is the O-1 visa?
The O-1 visa is a nonimmigrant visa, suitable for candidates that possess and demonstrate an extraordinary ability in science, the arts, education, business, athletics, or film & television and a variety of other professions. This means that a candidate must have sustained national or international acclaim in their field, or a distinction or record of extraordinary achievement in film and television. An O-1 beneficiary must possess either a major, internationally recognized award, such as the Nobel Prize; or at least 3 of the alternative criteria.
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Who is suitable for the O-1 visa?
There are several types of O-1 visa:
- O-1A – For people with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
- O-1B – For people with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
- O-2 – For people who will assist O-1 visa candidates with a specific event or performance.
- O-3 – For the spouse and children upto 21 years of age of the O-1 candidates
Less commonly known, the O-1 visa is also suitable for entrepreneurs and business owners, providing availability to establish a U.S. company, unlike other types of nonimmigrant (temporary) work visas.
Why should you apply for the O-1 visa?
The O-1 visa has several advantages, including the fact that there is no wage requirement for applying to the O-1 visa, unlike the H1B visa (although the wage must be appropriate for a candidate of such a high caliber). Similarly, unlike the H1B visa, there exists no “visa lottery” for the O-1 visa, even for private companies.
Moreover, while the average processing time for the visa is generally two to three months, premium processing is always available. Premium processing is available to O-1 candidates for a USCIS filing fee of $2500. This means USCIS will adjudicate the petition within 15 days of the day they “receipt” the case in. This is in the form of approval, RFE (Request for Evidence) or (rarely) denial. If USCIS issues an RFE, they have another 15 days from the time we respond to it to render a final decision.
How long is the O-1 visa applicable for?
The O-1 visa is generally valid for three years, after which an extension can be filed on a yearly basis. If the O-1 beneficiary wishes to change employers, the new employer must file an O-1 petition on his or her behalf. The new employer may request a period of O-1 status of up to three years (rather than just the one-year for extensions). O-1 employers must demonstrate they have enough work to warrant the amount of time they are requesting. Primarily O-1 beneficiaries whose work is in the performing arts, need to provide an itinerary of assignments for the period of O-1 status they are requesting.
We have helped foreign nationals in numerous professions including artists, scientists, performers, researchers, entrepreneurs and businessmen (and others) come to the United States on an O-1 visa. We work with our clients to prepare the strongest and most credible cases. This includes working directly with you to prepare a detailed statement supporting your O-1 petition and associated forms, and letters from experts in your field explaining the reasons you qualify for O-1 visa status as well as determining the best documentation to support the assertion that our client is of extraordinary talent. Such documentation includes prizes, publications, membership in prestigious associations, patents, media coverage, employment history, etc.
We specializes in helping entrepreneurs understand the merits of the different options and works to find the best solution, tailor-made, to each client’s circumstances. These options include not only the O-1 visa, but also the L-1 visa, where you can expand your business to the United States and move there to run it, the E-2 visa, for when you want to purchase or set up a business in the United States, and also the EB-5 visa, so you can apply for a green card and have the freedom to conduct your business in the United States.
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