Minnesota O1 Visa Extraordinary Ability Attorney

O-1 Visa: Extraordinary Ability or Achievement

This non-immigrant visa is designed for select individuals who possess an extraordinary ability in arts, athletics, business, education, sciences, or has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.  The beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.  The O nonimmigrant classification is most often divided into four (4) sections: the O-1A, O-1B, O-2, and O-3.

O-1A

Individuals with an extraordinary ability in the sciences, education, business, or athletics may apply for this visa.  Qualified applicants must prove they possess a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.  Please note that this nonimmigrant visa excludes 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.  The beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field or a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.in order to qualify for this visa.

O-2

Individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  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

O-3

Dependents, spouse or minor children who are under 21 years and unmarried, of O-1 and O-2 visa holders qualify to apply for this visa.  O-3 visa holders are not permitted to work while residing in the United States under this nonimmigrant visa classification.

What is the Application Process?

The petitioner is required to file Form I-129, Petition for Nonimmigrant Worker with the United States Citizen and Immigration Services (USCIS).  The petition may not be filed more than one year before the actual need for the alien’s services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment.

What documentation will I need?

In conjunction with Form I-129, Petition for Nonimmigrant Worker, the petitioner must file the following as support:

  1. A written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability.
  2. If the petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.
  3. A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed. The summary of the terms of the oral agreement must include language that specifies what was offered by the employer and what the employee accepted.
  4. Supporting documentation that includes a full and complete itinerary of the event(s). The itinerary must also include specific dates for each event, complete names and addresses of the employers (not of the agent acting on behalf of the employer), and the names and addresses of each establishment, venue, or location where their services are intended to be performed.

If an agent is filing the I-129 on behalf of the employer the petition must include the following supporting documentation:

  1. The contractual agreement between the agent and the beneficiary which specifies the wage offered and the other terms and conditions of employment. This can be a summary of the terms of the oral agreement or a written contract. A contract is not required between the beneficiary and the entities that will ultimately use the beneficiary’s services.
  2. A petition which requires the foreign national to work in more than one location must include an itinerary with the dates and locations of work. There are zero exceptions to the itinerary requirement when the petition is filed by an agent on behalf of the employer. The USCIS does allow for a little flexibility to how detailed the itinerary must be and does take into account industry standards when determining whether the itinerary requirement has been met.  The itinerary must indicate what type of work the beneficiary will be engaged, where, and when this work will take place.

Schedule a Free Consult

Schedule a free consultation with one of our experienced immigration attorneys by calling 952-361-5556 (or fill out the free case evaluation form below).  An attorney will be happy to answer any questions you may have about filing your O-1 Visa Petition.

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