Visa O-1 for Extraordinary Individuals
O-1 Immigration Attorney in Miami
If you’re an experienced professional in sciences, arts, education, business, athletics, or the TV and movie industry and have received recognition nationally or internationally for your achievements, you could qualify for the O-1 visa. At AmLaw Group, our O-1 visa attorneys will help you find the best way to turn those dreams into a reality.
To qualify for an O-1 visa, an applicant must satisfy three of eight criteria regarding the person’s achievements and recognition. These criteria relate to the awards, media coverage, recognition, and salary of the applicant. In addition, the applicant must have a job offer from a U.S. employer to qualify for the O-1. AmLaw Group works with its clients to craft the most effective strategy to meet the O-1 eligibility criteria.
What You Should Know About the O-1 Visa for Extraordinary Individuals
The Classic O-1 Applicant
If you’re applying for an O-1 visa, you need to be a professional, recognized regionally or nationally in your chosen field of ability. These activities should be related to the sciences, arts, sports, education, business, or TV or movie industry.
Successful applicants come from a wide range of endeavors: singers, athletes, coaches, hair stylists, even business people with a proven track record. If this sounds like you, get in touch with our O-1 Visa attorneys to check your eligibility and get started with your application.
Advantages of the O-1 Visa
There are several advantages of an O-1 visa.
You have the ability to obtain a decision within 15 days under premium processing.
You have the ability to indefinitely renew the visa subject to the requirements and availability of a job.
The level of achievement required is lower than for the EB-1a visa.
There is no need to invest any money.
Your family (spouse and unmarried minor children under the age of 21) are allowed to live with you in the United States.
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Requirements for O-1 Visa for Distinguished People
To obtain an O-1 visa, you must be able to providethe following:
demonstrate outstanding ability in their field of activity through proven recognition at the national, regional, or international level;
have a mandatory written opinion from the appropriate industry organization in the United States;
have a valid job offer from an American company working in the area of your stated achievements.
Not sure if you are qualified for an O-1 visa? Our experienced attorneys will check your eligibility and provide you with quality legal assistance throughout the application process.
Processing Times for EB-1A Visa Applications
Obtaining an O-1 visa consists of the following steps:
preparation of a petition (1-3 months);
consideration of the petition at the US Immigration Service (4-6 months or about 15 days in case of payment of the state duty for an expedited review);
interviewing and obtaining a visa at the United States Consulate (in order of priority). If the applicant is already in the United States, then if the petition is approved, an automatic status change occurs.
Getting A Green Card Through EB-1A Visa
O-1 is a nonimmigrant visa and does not in itself qualify for a green card. However, there is the possibility of switching to a green card through the EB-1a category, subject to additional recognition of outstanding ability while in the United States. The level of merit received must meet the requirements for the EB-1a visa.
There are also a few other things to take into consideration when it comes to EB-1a visa.
The validity of the visa depends on the nationality of the applicant, as the terms of the E-2 agreement vary from country to country. A complete list of countries and visa terms can be found here.
The recognized merit must necessarily belong to the applicant personally. If the merits belong to the applicant’s company or the team where he participated, this visa will not work.
If the applicant does not have an employer in the United States, it is possible for the applicant to register a company in the states, in which case the applicant’s company will be able to act as an employer;
O-1 is essentially a work visa. It can only be issued if the position for which the applicant is applying for a job in the United States and the merits on the basis of which the applicant is applying for a petition belong to the same field of activity.
Example: if the applicant is a champion in ballroom dancing, then he can get O-1 only if he gets a job as a dancer, but not as a coach. To get an O-1 as a coach, he needs to be an honored coach.
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