Individuals with Extraordinary Ability – O-1

Individual Immigration: O-1 Visa

The O-1 non-immigrant visa is aimed at individuals with demonstrated extraordinary ability in the field of Science, Education, Business or Athletics, Motion Pictures, or the Television industry. There are two main classifications of the non-immigrant O-1 visa:

O-1A

Individuals with extraordinary ability in Science, Education, Business or Athletics can apply for the non-immigrant O-1A visa. To be eligible for an O-1A visa, the individual must show sustained acclaim for their ability and who is a member of the select few who has reached the very top in their profession. The O-1A applicant must also show that they coming to the United States on a temporary basis in order to pursue working in the area of extraordinary ability.

O-1B

Individuals with extraordinary ability and achievement in arts, motion picture, or Television can apply for a non-immigrant O-1B visa. Extraordinary ability in the field of arts means a high level of achievement in the field of the arts as demonstrated 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. For an individual engaged in the motion picture or television industry to qualify for an O-1B visa, they must show that they possess a talent that is recognized nationally or internationally as being above that ordinarily encountered to the extent the applicant is recognized as outstanding, notable or leading in the motion picture and/or television field.

Accompanying Staff Members

The support staff traveling with the O-1A or O-1B visa holder can apply for a non-immigrant O-2 visa. The support staff is those individuals who are considered essential and who will be assisting the O-1A visa holder while they are in the United States for a specific event or performance. The support staff must be able to demonstrate they possess skills that cannot be performed by a worker in the United States.

Family Members

The spouse and children (under the age of 21 years of age) of the O-1 or O-2 visa holder can apply for a non-immigrant O-3 visa. The family members are not permitted to work in the United States but can attend the full or part-time study.

Period of Stay

For the O-1 visa, the USCIS will determine the time it will take the performance or activity to be completed and may approve an initial period of stay of up to three years. If the O-1 visa holder plans on staying beyond the initial period approved by USCIS, they must apply for an extension of stay with the USCIS.

The family members of the O-1 or O-2 visa holder are not permitted to stay in the United States beyond the period approved for the O-1 or O-2 visa holder.

How we can help…

The Law Offices of Trupti N Patel & Associates – the Business Boston Immigration Attorney –  has been successful in obtaining the desired outcome for number of O-visa applicants. If you think that you qualify for this visa classification, please call our offices at (617) 367-6750 and put our immigration knowledge and experience to work for you.

If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office

Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750