O-1 Visa Lawyer
Are you a foreign national possessing extraordinary abilities in the arts, sciences, education, business, or athletics? If you are recognized as having exceptional skills or knowledge in your profession, you may be eligible for an O-1 visa. Martinez Immigration can help you successfully navigate the visa application process and avoid common pitfalls. Reach out for a virtual consultation today!
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What Is an O-1 Visa?
An O-1 visa is reserved for the truly special. The O in this visa’s name does not stand for Ordinary! Instead, it is designated for those who are deemed to have extraordinary ability in their professional field.
The O-1 is a non-immigrant, temporary work visa. With an O-1 visa, the initial period of stay is three years. This stay may be extended in one-year increments, as determined on a case-by-case basis.
Your spouse and unmarried children under the age of 21 may obtain O-3 visas to accompany you. However, they cannot work while in the U.S.
O-1 Visa Application Process
You must present evidence of your extraordinary abilities via documentation such as:
- Receiving or being nominated for a major award in your industry.
- Membership in organizations for which outstanding achievement is a prerequisite.
- Original scholarly, scientific, or business contributions of prime significance.
- Published material in major media or scholarly articles in professional journals.
Commanding a high salary in comparison to others in your field is also documentation of your extraordinary abilities.
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In addition, you must present an explanation of all events and activities relating to U.S. employment, the beginning and ending dates, and a copy of your itinerary if the latter is applicable.
For instance, an opera singer would provide a list of his or her professional engagements with the scheduled dates in question.
No matter how famous or successful you are, you cannot file a petition yourself. You must have an employment sponsor.
O-1 Visa Sponsor Requirements
The U.S. employer or agent, or a foreign employer working through a U.S. agent, must file Form 129, Petition for Non-Immigrant Worker. This petitioner must submit a copy of any written contract between the O-1 visa applicant and the petitioner. If there is no written contract, the petitioner must submit a summary of the terms of the oral employment agreement.
If approved, the O-1 visa applicant can work only for that sponsoring employer.
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Processing Time for O-1 Visa
The processing time for an O-1 visa is generally between three and six months. If your employer pays the premium processing fee, currently $2,500, the processing time is expedited and takes just 15 calendar days.
An employment immigration attorney at Martinez Immigration can help you with your visa application or other immigration matter. Remember that even small errors on visa paperwork can lead to unnecessary delays or even denials of your application. Don’t let this happen to you. Contact us today to schedule a virtual consultation.
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