1.
The Overview of O Visa
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:
-
O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry).
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O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.
2.
O-1 Visa: Individuals with Extraordinary Ability or Achievement
O-1
visa/status is designed for aliens of extraordinary ability or achievement in
the sciences, education, business,
athletics, and arts. "Extraordinary ability" means that the individual is one of the small percentage who
has risen to the very top of their field of endeavor.
The
O-1 visa/status is similar to the "Extraordinary Ability" EB-1 green card category, in that it is meant for only those
who have risen to the very top of their field. Unlike the extraordinary ability green card category, an
O-1 visa or status cannot be processed as a "self-petition." Rather, an employer must file the
petition for the beneficiary.
O-1
visa or status is valid for up to 3 years, with 1 year incremental extensions.
The total time allowed in this status is determined by the "duration of the event" for which the visa status is granted. Thus, there is no limit on the time an
O-1 holder staying in the U.S.
O-1
visa or status could be obtained by those in H-1B status who have exhausted the full authorized
stay of 6-years. Also, the benefit of the O-1 visa over the J1 visa is that individuals currently on
J1 visas can transfer to the O-1 category without having completed the 2 year home residency requirement or having received the waiver of the 2 year home residency requirement. Such
J1 individuals will be required to travel abroad to apply for the O-1 visa after approval of the
O-1 petition.
O-1
extensions may be authorized for periods of up to one year to continue or complete the event for which the
O-1 holder was admitted into the United States.
Although the processing time for an
O-1 visa/status is somewhat less than the processing time for an
H-1B, two to four months lead time should still be given to allow sufficient time to obtain the necessary supporting documentation and to complete the application process.
Once the determination is made that the alien qualifies under the regulatory definition of "outstanding", supporting documentation is assembled. In addition, an advisory opinion from a "peer group" must be obtained.
The
USCIS Form for petitioning of an O visa is the Form I-129 "Petition for temporary worker". This
form must be submitted along with the consultation opinion letter, evidence documenting the alien's extraordinary ability, and details of the proposed work in the US. The petition is to be approved for the duration of the event in which the alien will participate, for a maximum of three
years initially.
3.
The Requirement
of Advisory Opinion
Aside from meeting the evidence tests, a key requirement for O-1 applicants is consulting with an appropriate peer group, labor and/or management organization regarding the type of work to be performed and the qualifications of the proposed beneficiary. The "peer group", an organization of person in the same field as the beneficiary, must normally provide a written opinion to USCIS, but the opinion is not binding.
The O-1 petition must be accompanied by a consultation letter from a recognized peer group such as a professional society stating that they have no objection to the beneficiary obtaining an
O-1 visa to work in the United States.
For all O-1 and O-2 applicants, the petition must include an advisory opinion from a peer group, labor union, or person with expertise in the applicant’s field. This opinion can either state simply that the group has no objection to issuing the visa, or can detail the applicant’s achievements. If the achievements are detailed, the letter should also address the applicant’s ability, the nature of the position offered, and whether the position requires a person of extraordinary ability.
A written consultation/advisory opinion can be from a peer group or recognized expert, in the field
of individual's area of ability. An example might be a
letters of support from a renowned researchers, as evidenced by detailed curriculum vitae and publication
list, which attests the qualifications and work to be done by the O-1 beneficiary.
For applicants in the television and motion picture industries, there must be a consultation with both the appropriate labor union and management organization. This opinion must state the applicant’s achievements in the field, and must state whether the position offered requires a person of extraordinary achievement.
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