The advisory opinion must describe the individual’s achievements in the field, the nature of the individuals proposed position, and whether the position requires a person of extraordinary ability. The O-1B Visa is for individuals with extraordinary ability in the arts or significant success or recognition in motion pictures or television. This type of O-1 Visa is for those with acknowledgment and ability considerably greater than that commonly experienced and who can show a record of “extraordinary achievement”. O-1B visas are available for individuals with extraordinary ability in the arts or the extraordinary achievement in the motion picture or television industry. The O1 visa for individuals with extraordinary abilities is a great option for those who have special talents in art, music, motion picture or television industries, performance art, science, education, business, or athletics. It is typically granted in three year increments, and can be extended indefinitely. To receive an O-1 visa, an employer must file Form I-129 along with a written advisory opinion from an industry peer group or labor union.
In order to show this, the agent (sponsor) needs to provide contracts with companies which reflect that there are outstanding projects and that the applicant will work on them. In this case, the applicant can receive compensation from any company for which he or she performs projects. For those individuals applying for the O-1B visa, the regulation requires two advisory opinions. One of them must come from a labor organization and the second from a peer group.
If an O-1 Visa is sought for someone in motion pictures or television a written advisory opinion must be obtained from a management organization and an appropriate labor union. A copy of the contract between the employer and the O-1 visa beneficiary must be filed. The peer group shall be an appropriate association or entity with expertise in that area. The written opinion shall contain a statement of facts that support the conclusion reached in the opinion and must be signed by an authorized official of the group or organization. People from other countries who want to work in the United States need to obtain a visa first. An O-1 visa is for Individuals with Extraordinary Ability or Achievement. Obtaining this or any visa involves complex application requirements.
Family members may be eligible to travel to the United States with an O-1 visa recipient. Typically, this only extends to spouses and children who are under the age of 21. If an O-1 visa recipient extends their stay, their eligible family members must do the same in order to remain in the United States.
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Many of the world’s most successful individuals have moved to the US on an O-1 Visa to advance their careers on a global scale, each extraordinary in their own, unique way. Our Attorney’s at Galstyan Law Group have proudly assisted many talented applicants in achieving their O-1 visa status. The O-1 visa is a popular choice for thousands of talented artists each year and our highly trained Immigration Attorneys have the ability and experience to help you obtain your very own!
Once your O-1 visa lawyers file all the information and documents, USCIS will make a decision on the application. Due to the O-1 visa processing time, it is important for everything to be filed at least 45 days before entry into the United States is sought. In the sciences, business, education and athletic fields, this means that the person can demonstrate that he or she is at the very top of the profession. In the arts, the person must have achieved distinction, which means he or she is a leading figure or person of renown in the field.
Individuals that must accompany an O-1 visa holder to assist him or her in a specific event or events may accompany the O-1 visa holder to the United States on O-2 status as long they meet three criteria. Spouses and children may accompany O-1 visa holders to the United States on O-3 status. However, O-3 visa holders are not permitted to work in the United States. If the sponsor of the visa petition is the employer of the applicant, an employment contract must exist and the employment contract (which needs to state the salary that the applicant will receive) needs to be included in the petition. In this scenario, the applicant can only work for the employer, meaning that the employer (sponsor) is the only authorized entity to pay the salary to the applicant. – Evidence that the individual has achieved national or international recognition for her or his work by critical reviews or other published material about the individual in major newspapers or publications. When you work with Panteva Law Group, LLC, you can trust that our team will take the time to understand your needs and work to find a solution that meets the requirements of ever-changing business immigration law.