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O-1 visa is available to aliens of
extraordinary ability in the arts, sciences, education, business
and athletics.
To qualify as an alien of
extraordinary ability in science, education, business or athletics, the alien must:
* have received a major,
internationally-recognized award, such as the Nobel Prize, or
* Meet at least three of the
following requirements:
 | receipt of nationally or internationally recognized
prizes or awards for excellence in the field of endeavor; |
| membership in associations in the field which require
outstanding achievements of their members; |
| published material in professional or major trade
publications or major media about the alien concerning the alien's work in the field;
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| participation on a panel, or individually, as a judge of
the work of others in the field; |
| scientific, scholarly, or business-related contributions
of major significance in the field; |
| authorship of scholarly articles in the field in
professional journals or other major media; |
| employment in a critical or essential capacity for
organizations and establishments that have a distinguished reputation;
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| high salary or other remuneration commanded by the alien
for services; or |
| other comparable evidence. |
An individual seeking an O-1 Visa or status must have a sponsor (US
organization). Therefore a job offer is needed to file such petition. For instance,
if a professional table tennis player wants to come to the US to play table tennis, a
table tennis team or club may apply for an O-1 Visa on his/ her behalf. If the
person is a musician, a musical group (like an orchestra) must apply for him/her. An actor
will need a studio to apply on his/her behalf.
In addition, an O-1 petition also requires
consultations with an appropriate peer group which could include a person or persons with
expertise in the field, labor or management organization regarding the proposed work and
the beneficiary's qualifications. In the case of O-1 consultations for aliens of
extraordinary achievement in motion picture or television, consultations from both a labor
consultation and management organization are required.
An O-1 visa holder is initially admitted to the
United States for the duration of the event, production or activity, not to exceed 3
years. An O-1 visa can be extended till the time the individual accomplishes the task.
Extension of stay can be granted in 1-year increments.
What visa is for O-1's family members? Can O-1
holder bring his/her staff to the United States? If yes, what visa is for them?
Contact
our office if you have more questions.
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