The Ultimate Guide to get O visa in 2018 [New Report]. What is the extraordinary ability O visa?.

What is the extraordinary ability visa?

Only U.S. citizens are allowed to live and work in the United States. U.S. citizenship can be acquired by birth in one of the 50 States (or U.S. territories), or by birth abroad from one or both U.S. citizen parents.

The Ultimate Guide to get O visa in 2018 [New Report]. What is the extraordinary ability O visa?.
The Ultimate Guide to get O visa in 2018 [New Report]. What is the extraordinary ability O visa?.

Those that are not U.S. citizens are allowed to enter the country if they have a Visa. There are two main categories of Visas: immigrant Visas and non-immigrant Visas.

The O-1 Visa is for aliens of extraordinary ability that are coming temporarily to the United States to work in their field of specialization for a sponsoring U.S. employer.




The O-1 is one of the most sought Visa categories, because:

  • It is not subject to annual quotas
  • It can be used by J-1 Visa holders that are subject to the 2-yesr rule
  • No minimum salary is required by law
  • There is a low filing fee to be paid to USCIS
  • The processing time is much quicker than any other Visa

On the other hand, it is not easy to qualify for an O-1 Visa. First, the job must fit into one of the O-1 Visa categories, which are the arts, education, athletics, science, and business. Second, the foreign worker must have acquired national or international recognition in his or her field. There are several criteria provided by USCIS to prove national or international acclaim, and at least 3 must be satisfied.



These criteria include:

Receipt of a nationally or internationally-recognized award
Judging the work of others
Substantial recognition by peers
Membership in associations of distinguished reputation
Employment in a leading or essential capacity
Receipt of a high salary
Original contributions of major significance in the field
Other comparable evidence

Al  Also, a peer consultation letter must be included in the petition. If the O-1 Visa is approved by USCIS, the foreign worker can go to a U.S. Consulate and apply for a Visa stamp. Once arrived in the United States, he or she will have to apply for a Social Security Number.



The O-1 Visa is granted for a period of 3 years. It can be extended for periods of 1 year at a time. It is a dual intent Visa, meaning that an application for permanent residency (Green Card) can be filed while the alien is in the U.S. on O-1 Visa status.

Generally, O-1 Visa holders can apply for the EB1 Green Card for extraordinary ability. This Visa is the best possible, and it allows self-sponsorship.

However, it is worth to note that the EB-1 petitions require much more evidence than O-1 Visa petitions, and that only the best immigration lawyers have sufficient experience with these kinds of Visas. It is estimated that USCIS rejects approximately 50% of the EB-1 petition received.



Only U.S. citizens are allowed to live and work in the United States. U.S. citizenship can be acquired by birth in one of the 50 States (or U.S. territories), or by birth abroad from one or both U.S. citizen parents.

Those that are not U.S. citizens are allowed to enter the country if they have a Visa. There are two main categories of Visas: immigrant Visas and non-immigrant Visas.

The O visa is set aside for aliens of “Extraordinary Ability” in the sciences, arts, education, business or athletes, certain aliens accompanying or assisting those aliens, and their family members.

The fundamental requirement for an O visa is to have reached the top of the profession or endeavor for which the alien seeks admittance into the U.S.

The beneficiary of an O visa may remain in the U.S. until the event, project, or activity for which the alien is admitted is completed.





The initial period of stay can be sought for three years and thereafter one year increments may be sought to complete the activity, event or project.

Applicants need not be on the level of Albert Einstein or a Nobel prize winner, but the ability must be corroborated by a degree of international recognition for achievement in a given field.

High level software developers and other technology development leaders would most likely be eligible for this visa.

 

O-1 Visa is for aliens of extraordinary ability

The O-1 Visa is for aliens of extraordinary ability that are coming temporarily to the United States to work in their field of specialization for a sponsoring U.S. employer. The O-1 is one of the most sought Visa categories, because:

  • It is not subject to annual quotas
  • It can be used by J-1 Visa holders that are subject to the 2-yesr rule
  • No minimum salary is required by law
  • There is a low filing fee to be paid to USCIS
  • The processing time is much quicker than any other Visa



On the other hand, it is not easy to qualify for an O-1 Visa. First, the job must fit into one of the O-1 Visa categories, which are the arts, education, athletics, science, and business. Second, the foreign worker must have acquired national or international recognition in his or her field. There are several criteria provided by USCIS to prove national or international acclaim, and at least 3 must be satisfied.

These criteria include:

  • Receipt of a nationally or internationally-recognized award
  • Judging the work of others
  • Substantial recognition by peers
  • Membership in associations of distinguished reputation
  • Employment in a leading or essential capacity
  • Receipt of a high salary
  • Original contributions of major significance in the field
  • Other comparable evidence
  • Al  Also, a peer consultation letter must be included in the petition.
  • If the O-1 Visa is approved by USCIS, the foreign worker can go to a U.S. Consulate and apply for a Visa stamp.
  • Once arrived in the United States, he or she will have to apply for a Social Security Number.

The O-1 Visa is granted for a period of 3 years. It can be extended for periods of 1 year at a time. It is a dual intent Visa, meaning that an application for permanent residency (Green Card) can be filed while the alien is in the U.S. on O-1 Visa status.



Generally, O-1 Visa holders can apply for the EB1 Green Card for extraordinary ability. This Visa is the best possible, and it allows self-sponsorship.

However, it is worth to note that the EB-1 petitions require much more evidence than O-1 Visa petitions, and that only the best immigration lawyers have sufficient experience with these kinds of Visas. It is estimated that USCIS rejects approximately 50% of the EB-1 petition received.

 

Do You Have the Exceptional Work Skills?

The philosophy of the American government as far as admission is concerned, is that it must protect the American worker.

Only those who can contribute to the national economy, to the cultural interest or to the well being of the U.S. have the right to work in the UnitedStates. We are not referencing exceptional cases of refugees who are forced to flee their countries for political or economic reasons.
We will talk here about the “H” category as now redefined in the Immigration Act of 1990 as the “Employment Based First, Second, or Third Category”.




We know that those who wish to immigrate permanently to the United States must obtain a “Green Card”, which is essential in order to have the right to such permanent residency and to work.

Let us now look at options which give the lawful “right to work”.
The difference between the “H” visa and the “Employment Based Preference” is that the latter gives the right to permanent American residency whereas the “H” visa is temporary and is only valid initially for three years with a possibility for renewal for an additional two years.

This means that if you wish to work in the United States and you possess the required qualifications, you are eligible for an “H” visa as long as you retain your residence abroad.

The “Employment Based Preference” indicates a permanent relocation to the new U.S. residency.

The qualifications for the two categories vary greatly.



“H” visa

An “H” visa requires recognized talents whereas the “Employment Preference” requires exceptional talents which are out of the ordinary and which must be recognized by specialists in the profession.

For example, a singer who is well known in her city would be a possible candidate for an “H” visa, but unless she has had sustained fame nationally or internationally she may not be able to obtain an ” Employment Based Preference” to become a permanent resident.

Frequently in the field of immigration, interpretations are not always consistent. The same candidate for a visa may be simultaneously eligible for an “H” and/or for “Employment Based Preference”.


How can one prove that one has exceptional qualities?

By producing a file full of diplomas, certificates of competency, affidavits of specialists, articles from newspapers, and any documentation attesting to the expertise of the individual, the applicant is arming himself for positive reply.

Those who work in the artistic fields must present proof of publicity, advertising and especially engagement contracts.

In the case of union disputes or a strike, a certificate obtained ahead of time from the Department of Immigration will be postponed to a future date if the holder is not in the United States yet. It is the union which must decide to accept a non-American wishing to exercise a job which is controlled by the union; the labor certificate will only become valid if the union grants its consent.



The “Employment Based Preference” requires the offer to the foreigner of an existing job.

This offer can be made by a third party, by the individual himself if he has hired an American employee and maintains a going enterprise, or by the agent of a foreign artist. A labor certification is not required for the H category since it is a temporary visa (see exceptions noted in chapter one). Note, however, that a labor certification attestion (LCA) is required for the H1 visa.

The H visa has two major advantages. First, it allows the immediate family and support staff to accompany the beneficiary. It also allows you to hold on to the tax advantages of your country of origin in certain circumstances where you maintain direct, consistent and permanent ties to your home country.

Note that there have been numerous changes to the immigration statute in connection with visas for those in the entertainment field and you are encouraged to review Chapter One for this purpose.

More information here: – O1 VISA LAWYER / O1B Visa – http://www.simonebertollini.com/Immigration-Law/Employment-Based-Immigration/O-1-Visa.aspx and Law Offices in New York and New Jersey Immigration Lawyer in NJ – www.simonebertollini.com




More about the o 1b visa

An O visa is a classification of non-immigrant temporary worker visa granted by the United States to an alien “who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements,” and to certain assistants and immediate family members of such aliens.

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According to United States Citizenship and Immigration Services, there are three types of O visas:

  • O-1A – individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
  • O-1B – individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
  • O-2 – individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.
  • O-3 – individuals who are the spouse or children of O-1s and O-2s.




For an O-1A, the O-2’s assistance must be an ‘integral part’ of the O-1A’s activity.

For an O-1B, the O-2’s assistance must be ‘essential’ to the completion of the O-1B’s production.

The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.”

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