The O-1 visa is issued to individuals with extraordinary ability or achievement in sciences, arts, education, business, sports, motion or TV picture and who can demonstrate that they have been recognized nationally or internationally for those achievements.

This type of visa is usually described as “talent visa” or “extraordinary achievement visa” .

CATEGORIES

О-1А

• Athletes
• Businessmen
• Entrepreneurs
• IT specialists Doctors

О-1B

• Artists of any field (i.e., stylists, hairdressers, make-up artists, singers, composers, theatre professionals, etc.).
• TV and Film Industry professionals (e.g. directors, actors, operators, script-writers, etc.)

VALIDITY

• The O-1 visa is initially issued for up to three years and can be extended in the future by one year increments.
• The O-1 visa can be extended for unlimited number of times.

PROCEDURE*

• Form I-129 and supporting documents are filed on behalf of the employer / agent (petitioner) with the United States Citizenship and Immigration Service (USCIS).
• For Regular processing: confirmation of receipt of the I-129 submission is mailed to the employer (petitioner) within a few weeks, and USCIS provides a decision within 4-5 months (please verify the current processing time). For Premium processing: USCIS guarantees to provide a decision in 15 days. USCIS can provide its final decision right away or request additional documents (request for evidence). Please note that all correspondence for your O-1 petition is received by your employer or agent; USCIS will not mail any copies to the beneficiary (employee).
• Once the petition is approved, the beneficiary must submit DS-160 to a local US consulate. The consulate can be in the country of beneficiary’s citizenship or in the country where the applicant resides.
• An interview will be scheduled at the consulate. The consular officer will inform about decision at the interview. The applicant should ensure that the complete O-1 package is available for the consular officer at the interview.
• Upon approval at the interview in the consulate, the applicant will receive the O-1 visa stamped in the passport.
• O-1 visa holders are provided with a 10-day grace period to be admitted in the US before the petition validity period begins and 10 days after the validity period ends, however, the O-1 visa holders may not work during the grace period.
• In addition, O-1 visa holders and their dependents are provided with 60-day grace period after cessation of their employment. The basis of this grace period can be only a termination of employment. O-1 visa holders will not be considered as failed to maintain nonimmigrant status solely on the basis of a termination of the employment on which the alien’s classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter. This grace period can be used only once during each authorized validity period. During the to-day grace period, the alien may seek another employment and apply for a new O-1 visa, and if the petition is approved, she/he will be authorized to stay and work in the US. Please note that DHS has a discretion whether to approve, shorten or deny the grace period based on a case-by-case evaluation.

*In certain cases an applicant may apply for a change of status to the O-1. This can be done by filing the I-129 petition. Please consult immigration attorney to find out if it can be done in your case.

O-1A (ATHLETICS, SCIENCE, EDUCATION, BUSINESS)

Standard:

The applicant has extraordinary ability in the sciences, education, business, or athletics, which has been demonstrated by sustained national or international acclaim

and

The applicant seeks to enter the United States to continue work in the area of extraordinary ability

Requirements:

1. Copies of any written contracts between the petitioner and the alien beneficiary (employee) or, if there is no written contract, a summary of the terms of the oral agreement under which the alien will be employed. An agent can become a beneficiary.
2. An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and
3. A consultation in the form of an advisory opinion from a U.S. “peer group” in the area of the beneficiary’s ability (which may include a labor organization) or a person or persons with expertise in the area of the beneficiary’s ability. 
4. Evidence of satisfaction of the required professional achievement:

Evidence that the professional has arisen to the very top of the field of endeavor:

Prize:Evidence of receipt of nationally or internationally recognized prizes or awards for excellence (Nobel prize, Olympic medal, etc.) If the visa beneficiary (employee) is in receipt of such prize.

or

3 items from the list below:

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1. Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the beneficiary’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary’s work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;
4. Evidence of the beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;
5. Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field;
6. Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media;
7. Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
8. Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence

If it can be established that a particular criterion is not readily applicable to the applicant’s occupation, the comparable evidence may be used to submit additional evidence that is not specifically described in that criterion but is comparable to that criterion.

O-1B (ARTS)

Standard:

The applicant has extraordinary ability in arts, which has been demonstrated sustained national or international acclaim

and

The applicant seeks to enter the United States to continue work in the area of extraordinary ability

Requirements:

1. Copies of any written contracts between the petitioner (employer / agent) and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien will be employed;
2. An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities;
3. A consultation in the form of an advisory opinion from a U.S. “peer group” in the area of the beneficiary’s ability (which may include a labor organization) or a person or persons with expertise in the area of the beneficiary’s ability. 
4. Evidence of the extraordinary ability in arts:

Evidence of the extraordinary ability in arts:

Prize: Evidence of receipt of a major prize or award for excellence (Grammy, Emmy, Director’s Guild Award). If the employee is in receipt of such prize, no need to present other evidence .

or

At least 3 items out of the list below:*

1. Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
2. Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
3. Evidence that the beneficiary has 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. Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
5. Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or
6. Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

If it can be established that a particular criterion is not readily applicable to the applicant’s occupation, the comparable evidence may be used to submit additional evidence that is not specifically described in that criterion but is comparable to that criterion.

O-1B (MOTION/ENTERTAINMENT/MOVIE/TV)

Standard:

The applicant has a demonstrated record of extraordinary achievement in motion picture or television productions;

and

The applicant seeks to enter the United States to continue work in the area of extraordinary achievement.

Requirements:

1. Copies of any written contracts between the petitioner (employer / agent) and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien will be employed;
2. An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities;
3. A written advisory opinion(s) from both the union representing the beneficiary’s occupational peers and a management organization in the area of the beneficiary’s ability.
4. Evidence of the extraordinary achievement in motion picture or TV.

Evidence of extraordinary achievement in motion picture or TV:

Prize: Evidence of receipt of nationally or internationally recognized prizes or awards for excellence (Grammy, Emmy, Director’s Guild Award). If the employee is in receipt of such prize, no need to present other evidence.

or

At least 3 items out of the list below:

1. Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
2. Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
3. Evidence that the beneficiary has 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. Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
5. Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the beneficiary’s field. Such testimonials must be in a form that clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or
6. Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

MPTV applicants cannot use comparable evidence to meet the criteria for the O-1 visa.

NOTES

• Supporting personnel essential for O-1 visa applicant activities in the U.S. can obtain visa O-2. Family members – O-3 visa.
• No annual quota for O visas.

OUR LEGAL SERVICES

• Our attorneys will review all documents and facts, and only then we can make an evaluation of your case.
• We will contact your employer and assist with drafting the required petitions and documents: I-129: Petition for a Nonimmigrant Worker / I-539: Application to Extend / Change Nonimmigrant Status (if applicable).
• We will advise on every step and every document that you are required to submit with your petition.
• We will assist in submission of the visa application to your local U.S. Consulate if you are applying outside of the U.S., and prepare you for the interview. Please note that presence of third parties (even your attorney) is not authorized at the U.S. Embassy / Consulates.
• We will work with you on all supporting evidence and documents.
• We will contact the immigration authorities about your case.
• We will be in receipt of all immigration mail correspondence in the U.S.