O-1 Visa Lawyer

An O-1 visa is a visa designed for exceptionally talented individuals working in — or with a history of working in — a variety of specific fields. This visa allows holders to enter the U.S. for up to three years, as well as the ability to work and seek temporary residency while in the country.

There are two visa subtypes within the O-1 visa, which are each targeted toward two different sets of skill types. These sub-classifications are referred to as the O-1A Visa and the O-1B Visa.

O-1A Visa

The O-1A visa is tailored for individuals with extraordinary abilities in the fields of science, education, business, or athletics. Some examples of O-1A holders may be:

• College professors
• Writers
• Business owners
• Physicists
• Doctors

To qualify for the O-1A visa, applicants must demonstrate a high level of expertise and recognition in their respective fields. This recognition can be evidenced through significant awards, achievements, or a sustained record of excellence.

O-1B Visa

The O-1B visa, on the other hand, is designed for individuals with extraordinary achievements in the arts or the motion picture or television industry. Eligible candidates include actors, musicians, directors, and other professionals who have attained a high level of distinction in their artistic endeavors.

A few famous O-1B visa holders include:

• Justin Bieber
• Benedict Cumberbatch
• Adele
• James Cameron
• David Beckham

Like the O-1A visa, the O-1B visa requires compelling evidence of the applicant’s extraordinary abilities. But that doesn’t necessarily mean that you need to be a well-known celebrity.

In 2022, the U.S. issued a total of 148,603 visas classified under “O,” which means that while you need to be exceptionally talented in your field, you don’t have to be famous for your work in order to be approved for an “O” type visa.

O-1A visas are typically reserved for those with “extraordinary ability in the sciences, education, business, or athletics or in the arts” and O-1B visas are reserved for those with “extraordinary achievement in motion picture or television industry.”

However, you may be asking yourself “what is meant by extraordinary ability?” Remarkably, there are specific guidelines that the U.S. Citizenship and Immigration Services (USCIS) outlines to determine the eligibility of those who claim to fall under one of these two categories:

“To qualify for an O-1 visa in the motion picture or television industry, you must demonstrate extraordinary achievement. This is evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that you are recognized as outstanding, notable or leading in the motion picture and/or television field … To qualify for an O-2 visa, your assistance must be an “integral part” of the O-1A visa holder’s performance and you must have critical skills and experience with the O-1 visa holder that are not of a general nature and cannot be readily performed by a U.S. worker. In the case of an O-2 visa holder in the motion picture or television industry, you must have skills and experience with the O-1 visa holder that are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and your continuing participation is essential to the successful completion of the production.”

This may still leave room for some interpretation, but generally speaking, the USCIS will likely let you or your immigration attorney know early on in the process whether you qualify for an O-1 visa classification.

Proof of ‘Extraordinary Ability’

In addition to providing eligibility guidelines, the USCIS has a complete list of examples of how to prove that you meet the eligibility criteria.

A few examples provided include:

• Awards from well-known national institutions and well-known professional associations
• Membership in certain professional associations
• Professional or major print publications (newspaper articles, popular and academic journal articles, books, textbooks, or similar publications) regarding the beneficiary and the beneficiary’s work
• Published materials about the significance of the beneficiary’s original work
• Publications in professionally-relevant journals
• Tax returns, pay statements, or other evidence of past salary or remuneration for services

This is far from a complete list, and there are many more ways for those employed in the eligible fields to prove their “extraordinary ability.” In most cases, an O-1 visa attorney can help to gather evidence of extraordinary ability and highlight your accomplishments in the field. If you’re looking for legal support, we would love to hear more about your situation. Give our law office a call today to find out how we can help.

The duration of time between applying for and receiving your O-1 visa depends entirely on the location of the embassy and the timeliness with which you submit your documentation and schedule an interview.

However, you can generally expect to receive your visa anywhere between a few weeks and a few months — but no longer than a year.

O-1 Visa Premium Processing

For those seeking expedited processing, the USCIS offers a Premium Processing Service for certain visa categories, including the O-1 visa. This service allows applicants to pay an extra fee to have their application processed more quickly.

This expedited process can be invaluable for individuals with time-sensitive employment or engagement commitments.