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O Visas for Persons of Extraordinary Ability

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This presentation describes the eligibility requirements for O visas. Schedule a legal consultation at To qualify, applicants must be persons of extraordinary ability in: Science, Education, Business, Athletics, Arts, Motion Pictures, and Television. For more information about O visas please see – PowerPoint PPT presentation

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Title: O Visas for Persons of Extraordinary Ability


1
O Visas for Persons of Extraordinary Ability
  • Attorney Carl Shusterman
  • www.shusterman.com
  • (213) 623-4592 x0

2
Fields of Extraordinary Ability
  • Science
  • Education
  • Business
  • Athletics
  • Arts
  • Motion Pictures
  • Television

3
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

4
How to Prove Extraordinary Ability Science,
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

5
How to Prove Extraordinary Ability Science,
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.

6
Proving Extraordinary Ability Arts, 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

7
Proving Extraordinary Ability Arts, 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.

8
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

9
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

10
More Information about O Visas
  • Under the Temporary Visa category of
    www.shusterman.com
  • Subscribe to our free, monthly e-mail newsletter,
    Shustermans Immigration Update
  • Follow us on Facebook, Twitter, Google and
    YouTube
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