The Best of the Best

Learn from an experienced immigration attorney what it takes to qualify for the top-preference immigrant category as an individual of Extraordinary Ability.

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O-1 Work Visas for Individuals of Extraordinary Ability

Individuals demonstrating extraordinary ability in the arts, sciences, education, business, or athletics may qualify for an O-1 visa. Artists must be recognized nationally or internationally as prominent in their field. Other fields of endeavor require documentation of sustained national or international acclaim. The petitioning employer or agent must also obtain a written consultation letter from the appropriate peer group or labor organization. Certain support personnel may also qualify for O-2 visas.

Arts

Applicants claiming extraordinary ability in the arts must demonstrate distinction: "Distinction means a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts."

Science, Education, Business, or Athletics
Applicants claiming extraordinary ability in one of these areas must demonstrate "a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor."
Motion Picture and Television
Applicants in the fields of motion picture and television productions must possess "a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field."

How do I file?

Only an employer or agent is eligible to file a petition for an O-1 visa. General instructions are included with the I-129 petition, and USCIS posts updates and fees on its web site. The I-129 petition is a legal case and mistakes or misrepresentations can jeopardize your chances of ever coming to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your eligibility.

What happens after I file?

After your petition is filed, USCIS will mail an official receipt to the employer so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Normally, when USCIS approves the petition, notice will be sent to the U.S. Embassy closest to the foreign nationals foreignn address, where they can schedule a visa interview. If the beneficiary is already in the United States in a different visa status, their status may be changed at the same time the petition is approved. Even if your status is changed in the United States, you will need to obtain a new visa if you ever depart the United States for travel.

What happens after I file?

Processing time depends on a number of factors. You can check USCIS current processing times on our web site. USCIS offers Premium Processing Services for most work visa categories. With payment of the additional Premium Processing fee, USCIS will provide a response within 15 days.

 

Help with O-1 Visas

D.Ray Mantle assists individuals and employers in obtaining positive immigration results in a timely, personal and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements. Learn how an experienced immigration attorney can help you reach your immigration goals.

If you would like to understand more about the application process and to find out if you can qualify for O-1 status, please contact D.Ray Mantle for a consultation.