An individual with a unique talent may be eligible to come to the United States in order to share and grow that talent through performance, research, education or employment in a relevant field. A special category of visa, called the O-1 nonimmigrant visa, is available for individuals with “extraordinary ability or achievement.” Employers who wish to hire people who fit into this category must take the necessary steps to get the immigration process started.
There are very strict qualifying criteria to obtain an O-1 nonimmigrant visa, and an experienced attorney at Miranda & Weisman, LLC can help to understand the requirements and provide required documentation and forms. A Maryland O-1 nonimmigrant visa attorney at our firm will not only advise you on qualifying requirements but we can also help with the entire process of obtaining an O-1 visa including proving the extent of your ability.
In order to qualify for an O-1 visa, an individual must have sustained national or international acclaim in the field of:
An individual may also qualify if he or she has a demonstrated record of extraordinary achievement in either the television industry or the motion picture industry.
Regardless of the specific field, the alien must have a high level of recognition and skill that is substantially above the ordinary. He or she must be a leading figure within their field, must be prominent or renowned, and must be recognized as notable or as an industry leader.
These criteria can be somewhat subjective, so it is essential that talented individuals have a top-notch Maryland immigration lawyer who will help to prove that their talent is sufficient enough to make them eligible to come to the United States and enrich others with their work. Employers who wish to bring an extraordinary individual to the U.S. should also seek legal help so that they can take advantage of the opportunity to work with someone who is truly a star in their field.
In order for an individual with extraordinary abilities to obtain an O-1 visa, an employer will need to file Form I-129, Petition for Nonimmigrant Worker, with United States Citizenship and Immigration Services (USCIS). The petition must be filed within no more than one year of the date when services are required within the United States, and must be filed at least 45 days before the date when employment will begin.
In addition to the requisite forms, you also must include documentary evidence, including a written advisory opinion that comes from a peer group or an expert in the industry. This written advisory opinion may come from a labor organization or from a person who an industry group has identified as an expert.
If the application is based on extraordinary achievement in TV or the motion picture industry, both a labor union and a management organization that are experts in the industry must prove the advisory opinion. This opinion is referred to as a consultation. If you do not have or do not wish to obtain this consultation, then you must determine if you can qualify for an exception and otherwise prove your extraordinary ability.
Miranda & Weisman, LLC understands what is required to obtain an O-1 visa and we can help with the preparation of the consultation and all other forms and documentations that are required. Contact us today to speak with a Maryland immigration lawyer and begin the necessary paperwork.