O-visas are temporary worker visas that are broken up into three categories the O-1, O-2 visa, and O-3 visas. The O-1 visa category is further broken up into the O-1A visa and O-1B visa. The O-A visa is given to individuals of extraordinary ability in the sciences, education, business, arts, or athletics. The O-1B visa is available for individuals of extraordinary achievement in the motion picture and television industries. O-2 visas are provided to individuals that are accompanying the O-1 visa holder and will assist them in performing their tasks. The O-3 visas are given to the spouse and children, who are under the age of 21, of the O-1 and O-2 visa holders.

To receive an O-1A visa there must be documentation provided to establish that the applicant’s extraordinary ability has been demonstrated through sustained national or international acclaim. The applicant must provide evidence of having received a major internationally recognized award, such as the Nobel Prize, or at least three of the following:

  1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  2. Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field;
  3. Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought;
  4. Original scientific, scholarly, or business-related contributions of major significance in the field;
  5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
  6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
  7. Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought; or
  8. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

To receive an O-1B there must be evidence to prove that the applicant has receive, or has been nominated for, significant national or international awards or prizes in the particular field. Such awards can be an Academy Award, Emmy, Grammy, or Director’s Guild Award, or there must be evidence of at least three of the following:

  1. Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
  2. Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
  3. Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials;
  4. A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
  5. Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements; or
  6. 6. A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

The person entering the United States with the O-1 visa must be coming to work in their field of ability but their extraordinary ability may not be required for such a job. The petitioner must file an I-129 Form, and it cannot be filed more than one year before the actual need of the immigrant’s services.

An immigrant seeking an O-2 visa must also file an I-129 Form. The petition must be in conjunction with the services of the O-1 individual’s petition. With the petition the immigrant should provide evidence that establishes their current essentiality, critical skills, and experience. There should also be evidence of their substantial experience performing the critical skills and essential support services for the O-1 visa petitioner.

O-visas are valid for up to three years with the possibility of getting one year extensions to continue the same work in the field of extraordinary ability. The immigrant may enter the United States 10 days prior to the beginning of the validity period and may stay 10 days after the period ends. All O-visas that are petitioned for together are subject to the same period of admission.

Contact our Miami-Dade County Nonimmigrant Visa Attorneys

Contact our Miami Dade employment based visa attorneys at 305-222-7351, or e-mail usto schedule an appointment to discuss your Dade County, Broward County, or Monroe County immigration questions and issues.

Our Miami Immigration lawyers accept immigration law cases in Miami-Dade County, Broward County and Monroe County.

Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.