Who may apply for the U.S.
O-1 worker visa?
Individuals, who possess extraordinary abilities in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. This includes scientists, doctors, professors, and businessmen of the highest level. Worldwide acknowledgment of your success in any field is a solid ground to appeal for the O-1 visa. The O-1 U.S. visa is granted, as a rule, for three years or for a period of time required for work on a certain project.
Advantages of the O-1 visa
The O-1 visa has the following benefits compared to H-1B worker visa:
- There is no assigned quota from the government. There is no limit on number of applicants per year.
- The O-1 visa documents can be submitted all year round.
- The O-1 visa is not strictly assigned to a specific employer. So you are free to change your workplace – the visa will not be revoked. If you want to change your job, you just need to find a new one (in accordance with your field of competence stated when O-1 visa was granted) and ask your potential employer to file a new l-129 form where he expresses his intention to hire you and completes a request for you to stay in the country.
O-1 Visa Application
The petitioner must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS office listed on the form instructions. The petition may not be filed more than one year before the actual need for the alien's services. The I-129 should be filed at least 45 days before the date of the O-1 visa beneficiary’s employment.
The petitioner must submit Form I-129, Petition for Nonimmigrant Worker, and the following documentary evidence.
Essential documents for the U.S. O-1 visa
When pledging for the O-1 visa, you must submit the following documents:
- An advisory opinion or other document from a professional organization in your area of ability. If a labor unit is represented, the document must be issued by the unit. In case there is no such a unit, an advisory opinion may be given by a managerial board of the correspondent chamber of commerce and industry.
- A copy of a written contract between an employer-to-be in the U.S. (or a summary of the term of an oral agreement).
- A description of services you are going to provide in the U.S. It can be a summary of the main features of a project that require your exceptional abilities in the sphere in the U.S.
In addition, you must provide evidence of your highest qualification and extraordinary achievements, such as:
- Major nationally or internationally-recognized awards - a Nobel Prize, a Palme d’Or, etc.
- Membership in associations where candidates are selected by recognized national or international experts with the main criteria of outstanding achievements.
- Published material about you and your work in professional magazines, newspapers, or other mass media.
- Participation as a member of a jury, judge, or expert in competitions, contests, and other activities in the field of your specialization.
- Evidence of your significant scientific contribution to research and development in the field of your competence.
- Articles you have written and published in professional journals or newspapers on topics of your specialization.
- Evidence that you are, or recently have been employed as one of the key professionals at a big and renowned company, organization, or establishment.
- Documents proving a sufficient level of remuneration for your professional activities: (high salary, a national award, or other remunerations).
Just three of the points enlisted above are enough but, the more you provide, the more convincing your petition will be.
How can ACS Law Offices help you?
Obtaining the O-1 visa is not an easy procedure. USCIS officers and consulate authorities do not always rely solely on evidence of petitioner’s extraordinary abilities, but on their personal opinion too. That is why the O-1 visa petitions, filed by our attorneys, contain up to 100 or more additional files, proving petitioner’s exceptional abilities.
If the USCIS is trying to recall your already approved petition, we will file the whole documents package and represent you while appealing.