O visas are for individuals with extraordinary abilities or achievements in the sciences, arts, education, business, or athletics to come to the United States to work in their field. The O visa is meant for individuals who have been recognized in their country or internationally as skilled, well-known and exceptional in their field.
Moro Legal, LLC, assists individuals, agents, and employers through the O visa application process, including gathering advisory opinions and supporting evidence, and drafting and submitting visa petitions. Schedule an attorney consultation or contact our office to begin your journey.
The O-1A visa category is for individuals who have extraordinary skills in the sciences, business, education, or athletics. This is a broad category that encompasses many industries, including occupations such as chefs and writers, surgeons and researchers, marathon runners and soccer coaches. The O-1B visa category is reserved for those with extraordinary ability in the arts or extraordinary achievements in the television or motion picture industries. This includes actors, actresses, singers, musicians, directors, producers, and other individuals who work in these areas. Unlike some other employment visa categories, there is no limit to the number of O visas issued each year.
A written advisory opinion or letter from a U.S. peer group, labor union, or a person with expertise in the applicant’s field that confirms the applicant’s extraordinary ability must be submitted together with the O-1 visa application. If the opinion provided by the applicant is not from a labor organization, USCIS will consult the relevant U.S. labor union for an opinion on the individual. If the applicant is in the motion picture industry, advisories from both a labor union and a management organization are required. The petition must be filed by a U.S. employer or agent, with no self-petitioning permitted.
Derivative visas may be issued for individuals to accompany the O-1 visa petitioner. The O-2 visa category is intended for accompanying workers who are critical to completing an O-1 performer or athlete’s production while in the U.S. and whose tasks cannot be performed by U.S. workers (for example, lighting and sound technicians for a theatrical production, or coaches and trainers for an athlete). The O-3 visa category covers the spouse and children of the O-1 visa holder. The O-3 visa holder may study in the United States, but is not eligible for a work authorization.
One of the relative benefits of the O visa compared to other visa categories is the length of stay. The initial period of stay allowed is up to three years, and unlimited extensions are allowed. Further, the O visa is a “dual intent” non-immigrant visa, which allows for conversion into a permanent visa to receive a green card if the requirements are met.
Moro Legal, LLC, works with individuals, employers and agents to plan and prepare O visa petitions. Contact us today to get started.
Note
The content of this website is for general informational purposes only and is not a replacement for legal advice. Immigration law is a complex area of law that is constantly changing and this website cannot cover every facet of the law. Every case is different, and all individuals and businesses should consult with an immigration lawyer prior to filing any petition or application.