O Visas for Persons of Extraordinary Ability

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O Visas for Persons of Extraordinary Ability

• Attorney Carl Shusterman
• www.shusterman.com
• [phone] x0

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Fields of Extraordinary Ability

• Science
• Education
• Business
• Athletics
• Arts
• Motion Pictures
• Television

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Job Offer in US Required

• Employer Must File I-129 Petition
• Include Letter from Peer Group
• Must Prove Person is Extraordinary
• Initial O Visa is Valid for 3 Years
• One-Year Extensions
• No Numerical Cap
• No Prevailing Wage Requirement

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How to Prove Extraordinary AbilityScience,
Education, Business, Athletics

• Receipt of Major Prize (Nobel, etc.)
• Or at least 3 of the following 8 Criteria
• Receipt of nationally recognized prize
• Membership in organizations which require
  outstanding achievements
• Published material in major trade publications or
  in major media
• Original scientific, scholarly, or
  business-related contributions of major
  significance

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How to Prove Extraordinary AbilityScience,
Education, Business, Athletics

• 5) Authorship of Scholarly Articles in
  Professional Journals or in Major Media
• 6) High Salary
• 7) Participation in a Panel or Individually,
  Judging Work of Other in Same Filed or
• 8) Employment in a Critical or Essential Capacity
  for Organizations and Establishments that have a
  Distinguished Reputation.

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Proving Extraordinary AbilityArts, Motion
Picture, Television

• Employer/Agent must submit Form I-129
• Advisory Opinion Letter from Peer Group
• Winner of Nominee for Oscar, Emmy, Grammy,
  Directors Guide Award or meet 3 of the following
  criteria
• 1) Has performed, or will perform, services as a
  lead participant in productions which have a
  distinguished reputation

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Proving Extraordinary AbilityArts, Motion
Picture, Television

• 2) National recognition for achievements as
• evidenced by articles in major
  publications
• 3) Major commercial or critically-acclaimed
• successes
• 4) Testimonials from experts in the field
• 5) High salary.

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O-2 and O-3 Visas

• O-2 Visas for Essential Support Personnel for an
  Artist or an Athlete
• Services must be essential to a successful
  performance by the O-1 visa holder and
• Services cannot be readily performed by a US
  worker.
• O-3 Visas for Spouses and Children of O-1 Visa
  Holder

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O-1 to Green Card

• Persons of Extraordinary Ability may qualify for
  Green Cards under the Employment-Based 1st
  Preference Category (EB-1)
• The USCIS holds EB-1 applicants to a higher
  standard than applicants for O-1 visas
• You can either be sponsored by your employer or
  you can self-petition

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More Information about O Visas

• Under the Temporary Visa category of
  www.shusterman.com
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