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How To Get A 3 Year O-1 Visa For The US

How To Get A 3 Year O-1 Visa For The Us

How to Get an O-1 Visa

The O-1 visa is a nonimmigrant visa reserved for people who have been recognized for their extraordinary ability or achievement in science, the arts, business, education, or athletics. If you are interested in working in the United States using this type of nonimmigrant visa, you may want to know more about the O-1 nonimmigrant visa classification, O-1 visa requirements, or the O-1 visa application process before contacting an attorney. All these topics are covered in this guide.

What is an O-1 Visa?

U.S. Citizenship and Immigration Services (USCIS) offers two different classifications of O-1 visas.

  • O-1A visas are for individuals who can prove they possess one of the following:
    • An extraordinary ability in the sciences
    • An extraordinary ability in education
    • An extraordinary ability in business
    • An extraordinary ability in athletics
  • O-1B visas are for individuals who can prove they possess one of the following:
    • Extraordinary ability in the arts
    • Extraordinary achievement in the motion picture or television industry

Your attorney can help you figure out if you qualify for an O-1 nonimmigrant visa or if another type of work visa may be a better fit for you.

O-1 Visa Requirements

Not everyone who has an extraordinary ability or achievement qualifies for an O-1 nonimmigrant visa. For example, to qualify for an O-1 visa, you must have sustained national or international acclaim for your talent and intend to enter the United States to work in the same field in which you have excelled.

In other words, if you have gained international fame through your accomplishments in business, USCIS won’t grant you an O-1A visa to play basketball in the United States. Additionally, the O-1 petition must include at least three different types of accepted documentation proving that you meet the standards for O-1 classification. The process can be complex, so it’s important to seek legal counsel before petitioning for an O-1 visa.

O-1 Visa Application Process

As the person who will be the holder of the O-1 visa, you are the beneficiary. Unfortunately, you can’t petition USCIS for an O-1 visa yourself. The petitioner of your O-1 nonimmigrant visa should be a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent.

Specifically, eligible petitioners who may file a petition on your behalf are the following:

  • Your actual U.S. employer
  • A U.S. representative of both you and your employer or employers
  • A U.S. entity or person authorized by your employer or employers to act on their behalf as an agent

For example, if you are an exceptionally talented athlete and you have signed an employment contract with a sports team, a representative for the team can petition for your O-1 visa.  The petitioner must file Form I-129, Petition for Nonimmigrant Worker on your behalf.

It’s important that the I-129 is filed with USCIS at least 45 days prior to the date your work in the United States is expected to begin. The petitioner for your O-1 visa will also need to submit a substantial amount of documentation and supplemental evidence, so it’s best to get counsel from an experienced attorney.

FAQs About O-1 Visas

Choose a Global Leader for O-1 Visa Petitions

If you believe you may qualify for an O visa, then you need to work with attorneys who are experienced in representing internationally recognized clients. D’Alessio Law attorneys have over 25 years of immigration and entertainment law experience with an outstanding O visa approval rate. For more information about O-1 visas, look over the O-1 Visa FAQs or read about D’Alessio Law Group’s experience with O-1 visas. When you’re ready to move forward, request a free consultation.

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Founder & CEO
Lorraine D'Alessio
Lorraine D'Alessio

CEO and Founder of D’Alessio Law Group, Lorraine D’Alessio was named the 2017 Leader in Law by the Los Angeles Business Journal and is the recipient of the 2018 Enterprising Woman Award.

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