O-1 Immigration Lawyers | Extraordinary Ability Visa

What is an O-1 Visa and Who Qualifies?

The O-1 classification is divided into O-1A and O-1B sub-categories. An O-1A visa is for a worker who has extraordinary ability in the sciences, education, business, athletics, while an O-1B visa is for a worker who has extraordinary ability in the arts, motion picture, or television industry. The worker must have a US employer that will employ the worker in his/her area of extraordinary ability. The petitioning employer is required to prove i) the worker has “extraordinary ability”, and ii) submit a “written consultation.”

Extraordinary ability in an O-1A petition is proven by demonstrating “sustained national or international acclaim.” Sustained national or international acclaim is a matter of meeting defining criteria set by US immigration law. In general, the documentation is to establish that the worker’s expertise places them among the best in their field of endeavor.

Extraordinary ability in an O-1B petition is proven by a demonstrated record of extraordinary achievement in motion picture and/or television productions. A record of extraordinary achievement is likewise a matter of meeting defining criteria set by US immigration law. In general, the documentation is to establish that the worker has obtained a high level of accomplishment which has gained significant recognition.

Unless the worker will be employed in the field of arts, entertainment, or athletics, and the service has determined that a petition merits expeditious handling, a “written consultation” is required. A consultation is a written advisory opinion from a “peer group” be provided by a peer group which includes persons of expertise in the field or qualified organizations. For example, the American Guild of Variety Artists (AGVA) may provide an advisor opinion used in a petition for a stand-up comedian, or the US Professional Tennis Association (USPTA) might provide an advisor opinion used in a petition for a tennis pro.

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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

 

For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn.  Shah Peerally Law Group PC deals in immigration law  - www.peerallylaw.com and www.immigrationlegalblog.com

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

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