O-1 visa applicant needs sponsorship of a U.S. employer (or a U.S. agent) to be able to apply for this visa. O-1 visas are issued to foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. There is no explicit limit on stay – the period of time allowed in the U.S. is usually tied to the timing of the event, up to 3 years.
Depending upon the field of the foreign national’s expertise, different standards are applied to determine O-1 eligibility. For instance, the toughest standard applies to those who are in the sciences, education, business and athletics. In this category, the standard is that these individuals must be in the small percentage of those who have risen to the very top of their field.
The intermediate standard applies to those in the motion picture or TV industry. These O-1 individuals must demonstrate a very high level of achievement, as evidenced by a degree of skill and recognition significantly above that ordinarily encountered.
The least rigorous standard applies to those in the arts. The term “art” includes fine arts, visual arts, culinary arts, and performing arts. These O-1 individuals must show a high level of achievement as evidenced by a degree of skill and recognition substantially above that ordinarily encountered. They are usually described as prominent, leading, or well-known individuals.
How We Can Help
We consult with both employers and employees regarding their options and possibilities. We obtain the required advisory opinion for O-1 filing, assist the applicants in filing the O-1 petition, and respond to evidentiary requests that might arise throughout the process.