Not just anyone can apply for an O-1 visa. This type of document is reserved for those with extraordinary ability in a particular field. Our O-1 visa lawyers can tell you if you qualify for such a visa and what you would need to do to prove that.
What is an O-1 Visa?
There are two types of O-1 visa that can be awarded. The first is the O-1A visa, reserved for individuals with extraordinary ability in the fields of business, athletics, education, or science. The second is the O-1B visa, primarily meant for those working in the motion picture or television industry.
These are not easy to get. These visas aren’t just for someone who has some experience working in an industry. They need to have distinction in their field, accolades, and a reputation for greatness.
How Do You Apply for This Type of Visa?
Applications for such visas can be filed up to one year in advance of when they will be needed for employment. The application needs to contain evidence that the applicant is truly outstanding in their field. Some things that can help include:
- Endorsement written by a peer group with expertise in the same field as the applicant
- Evidence that the applicant has received an internationally recognized award, like the Nobel Prize
- Proof that the applicant has published works of major significance in their field
- Proof that major publications have recognized the applicant’s work in their field
Can Someone With an O-1 Visa Change Employers?
Yes, it is possible for a holder of an O-1 visa to leave their job and work for another employer. However, that new employer has to be willing to file its own petition with USCIS. There are also additional rules to be aware of if you are a professional athlete. Our lawyers would be happy to answer any questions about the specifics.
Can Visa Holders Bring Family Members With Them?
This is a possibility. The holder of an O-1 visa can bring family members with them if they apply for an O-3 visa. A spouse of an O-1 holder or a child under the age of 21 could be eligible, but it’s important to note that this is not a permit to work. This would only allow someone to engage in full- or part-time studies while they are in the United States.
It’s also important to note that family members of O-2 visa holders could also be eligible for an O-3 visa. An O-2 visa holder is someone who supports a person with extraordinary ability or achievements in some way. They have to be considered crucial to their success and not someone who could easily be replaced by an American worker. If they secure an O-2 visa, then their family members could be eligible for O-3 visas.
Talk to Our Immigration Attorneys
If you have questions about the O-1 visa or any other immigration topics, contact Goel & Anderson. Our Virginia immigration lawyers are ready to assist you.
