O Visa For Aliens of Extraordinary Ability
The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. The O visa classification provides for the admission into the United States of persons with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel. Only individuals qualify for the O-1 visa category. In order for a group to qualify, each member would be required to meet the extraordinary ability test. The visa is granted for a specific event, such as a tour, lecture series or project. For athletes and members of the entertainment industry, a provision exists whereby aliens, who are an integral part of the performance and have skills and experience which are not available in the United States location, may apply for O-2 visas to accompany the O-1 visa holder.
USCIS Petition
In order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS). It is very important for prospective employers to file the petition as soon as possible (but not more than 6 months before the proposed employment will begin) to provide adequate time for petition and subsequent visa processing. Should you need petition processing faster, premium processing is available for an additional fee. Once approved, the employer or agent is sent a notice of approval, Form I-797. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.
How We Serve Our Clients
Our dynamic and knowledgeable attorneys will consult with you to determine that the nature of the performance in the United States and the foreign candidate's background are appropriate for this particular visa. We will also recommend possible alternative strategies if the foreign beneficiary's experience renders them ineligible for this visa category. Our attorneys work closely with both the employer and prospective employee to ensure that the required documents are rendered and all legal issues addressed. We relieve human resources personnel of the burdensome paperwork requirements by preparing all required forms and supporting documents for submission to the appropriate government departments and agencies. When required, we also prepare and file applications for dependent family members and qualified support personnel to ensure a smooth transition to the United States for the prospective candiate, their entourage, and dependent family members. Our staff is easily accessible by both the employer and foreign beneficiary to answer questions as they arise.
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