{"id":14879,"date":"2017-09-19T22:00:23","date_gmt":"2017-09-19T22:00:23","guid":{"rendered":"http:\/\/www.jinsongyanglaw.com\/?page_id=14879"},"modified":"2018-12-14T23:31:59","modified_gmt":"2018-12-14T23:31:59","slug":"services-nonimmigrant-visas-o1","status":"publish","type":"page","link":"http:\/\/rossyanglaw.com\/site\/services-nonimmigrant-visas-o1","title":{"rendered":"Services \u2013 Nonimmigrant Visas \u2013O1"},"content":{"rendered":"

O-1: INDIVIDUALS OF EXTRAORDINARY ABILITY OR ACHIEVEMENT<\/h2>\n<\/div>
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Overview<\/h6>\n

The O-1 is a nonimmigrant employment-based visa classification set aside for individuals with extraordinary ability in the sciences, arts, education, business or athletics athletics or in the television and motion picture industry who is coming to the U.S. to perform services relating to specific projects, events or activities requiring extraordinary ability.<\/p>\n

The fundamental requirement for an O visa is to have reached the top of the profession or endeavor for which the alien seeks admittance into the Unites States. To qualify, an applicant must generally have extraordinary ability demonstrated by sustained national or international acclaim.<\/p>\n

O-1 visas are based on a petition filed by a U.S. employer offering a specific job in the U.S. that requires a person of extraordinary ability. Membership in a group or team that has received recognition for extraordinary achievement is not sufficient; the beneficiary must qualify on the basis of individual merit. The petitioning employer must submit evidence that the prospective employee meets the established O-1 criteria, that the position offered requires an individual of extraordinary ability, and that the individual is coming to the United States to continue to work in the area of extraordinary ability.<\/p>\n

O-1 nonimmigrant may only work for the sponsoring petitioner. If there are multiple, concurrent or successive employers, an O-1 visa petition must be filed by each employer. To change employers, the new employer must file and receive an O-1 visa petition approval and the individual must be in valid O-1 status in the U.S. The new O-1 visa petition must actually be approved before the individual can commence employment.<\/p>\n

A person holding O-1 status can apply for adjustment to Permanent Resident status (Form I-485) and continue to use his or her O-1 status as the basis for work authorization. However, an adjustment applicant who also holds O-1 status can no longer use the O-1 visa stamp to travel and must apply for and be granted an Advance Parole document as an adjustment applicant before he or she departs the U.S. Unlike adjustment applicants holding H or L status, one cannot travel on the I-485 receipt and O-1 visa.<\/p>\n

The spouse and children (under 21) of the O-1 visa holder will be eligible for derivative visas to accompany the employee on the U.S. assignment in the O-3 classification. The O-3 classification does not allow for U.S. employment.<\/p>\n

How is \u201cextraordinary ability\u201d defined?<\/h6>\n

In the sciences, education, business or athletics, \u201cextraordinary ability\u201d is defined as \u201csustained national or international acclaim\u201d. An applicant must show a level of expertise indicating that he or she is \u201cone of the small percentage who have risen to the very top of his or her field of endeavor\u201d. Different standards apply for the television and motion picture industry and the arts.<\/p>\n

How is \u201cextraordinary ability\u201d demonstrated?<\/h6>\n

To prove \u201cextraordinary ability\u201d in the sciences, education, business or athletics, one must either have received a major internationally recognized award such as the Nobel Prize or at least three of the following:<\/p>\n