THE O-1 VISA- THE CREAM OF THE CROP, RISE TO THE TOP!

 The O-1 Visa- The Cream of the Crop, Rise to the Top!
By
Dev B. Viswanath, Esq.

The O-1 non-immigrant visa is a temporary work visa for people with exceptional abilities or accomplishments. There are four distinct types of the O non-immigrant visa:

O-1A: O-1B: individuals with exceptional skills in the sciences, education, business, or sports individuals with outstanding artistic talent or achievement in the film or television industry O-2: people who will join a person with an O-1 non-immigrant visa to help at a specific event or performance. An O-2's assistance for an O-1A visa holder must be an "integral part" of the O-1 A's work. The assistance rendered by an O-2 to a holder of an O-1B visa must be "essential" to the production of the O-1B.

O-3: spouse, children under the age of 21, and O-1 and O-2 dependents.

An individual must demonstrate extraordinary ability and international or national recognition for it in order to qualify for an O-1 visa. A person with this temporary visa can continue working in the United States in the field of extraordinary ability. Suppose an individual is applying for an O-1 visa in the film or television industry. In that case, they must demonstrate a level of special achievement, skill, and recognition that is higher than that of an average person in the same field.

Documentary evidence, such as the contract between the petitioner and the beneficiary, an advisory opinion from a peer group or person with expertise in the beneficiary's area of ability, and additional supporting documents must also be submitted by the petitioner in order to apply for an O-1 visa. An agent can also submit an O-1 visa petition. An agent can be the beneficiary's actual employer, the agent for both the employer and the beneficiary, or the agent authorized by the employer to act on its behalf or in its place. In addition, an O-1 Visa holder may self-petition, depending on the circumstances.

 This visa allows a person to live and work in the United States for up to three years before applying for an extension. In increments of up to one year, USCIS will determine how long it will take for the initial event or activity to be completed during the extension. O-3 non-immigrant status may be available to spouses, children under the age of 21, and any O-1 non-immigrant dependents. Dependents, on the other hand, can't work, but they can go to school full or part-time. O-3 status can only be granted for as long as the principal O-1/O-2 non-immigrant has been in the country.

The employer is responsible for covering the reasonable cost of returning the O non-immigrant to their previous residence once the O visa holder has left the United States. The employer and the agent would share the cost of the return transportation if the petition was filed on behalf of the employer by an agent. However, the O non-immigrant will be responsible for covering their travel expenses back home if they voluntarily quit their job.

For those who meet the requirements, the O-1 Visa is an excellent option for temporary residence and employment in the United States. In addition, if a person wishes to remain in the United States for an extended period of time, they will probably also be eligible for an EB-1 Visa. If you or someone you know has achieved widespread recognition in a field of study that you believe fits the description above, and you are interested in learning more, please consult an experienced attorney.