When a person rises to the top of their employment field, opportunities open up for them all over the world. The U.S. has an interest in having these high-achieving individuals travel to the U.S. to work, study, and perform. To help make this happen, there are O-visas available for these people, their assistants, and their families.
If you want to engage someone who meets this description to come to the United States for an employment opportunity, our local visa attorneys are ready to help. Our Phoenix O-visa lawyers can work with you to find an immigration pathway that makes sense for you.
The O-1A nonimmigrant visa is for individuals who have extraordinary abilities in science, education, business, athletics or the arts. The O-1B nonimmigrant visa is for those who have a demonstrated record of extraordinary achievement in the motion picture or television industry such as actors, directors, producers, and technical experts. The standard for obtaining an O-visa is high; generally, USCIS is looking for people who have been recognized at the national or international level for their achievements in their field.
There is also an O-2 visa for people like agents or managers who need to accompany an O-1 artist or athlete for a specific event or performance. If O-1 and O-2 visa holders need to bring immediate family members including their spouse or children under the age of 21 with them, they can apply for an O-3 visa. People who are granted an O-3 visa may not work in the U.S., but they can join a part-time or full-time study program.
These three O-visa types work together to make sure talented individuals can have their best assistants and family members by their side for special performances, film shoots, research or teaching assignments in the Phoenix area.
The first step is obtaining an O-visa is for a U.S. employer or agent to file Form I-129, Petition for Nonimmigrant Worker on behalf of the person seeking the visa, along with the required evidence. This must be done within a year of the time of the work beginning, but at least 45 days before the date of the employment.
Along with the form, there are several types of required evidence. The first is a consultation, or a written advisory opinion regarding the person’s extraordinary abilities in the field by a person or group with expertise in that area. USCIS may waive this requirement if there is not an appropriate group to make such a statement or if the person has previously been granted an O-visa in the previous two years. The employer or agent must also submit copies of contracts and itineraries that describe the beginning and ending dates of the employment and the locations where it will take place, including things like tour dates.
Finally, the petition should also include at least three different types of documentation demonstrating the “extraordinary ability” of the beneficiary. If granted, O-visa have an initial stay period of up to three years, but extensions are available if more time is necessary to complete the event or activity.
The O-Visa program makes many wonderful things possible like musical performances, scientific research, business collaborations, and athletic events featuring some of the world’s top achievers. People in the U.S. get to experience performances and other benefits that may never have happened without these visas.
If you need help applying for an O-Visa in Phoenix, reach out to our immigration attorneys at New Frontier Immigration Law. We can advise you about how to satisfy the immigration requirements necessary to meet your goals.
