O-1 Visa
Encyclopedia
An O visa is a classification of non-immigrant temporary worker visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...

 granted by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 to aliens
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...

 "who possesses extraordinary ability in the sciences, arts
ARts
aRts, which stands for analog Real time synthesizer, is an audio framework that is no longer under development. It is best known for previously being used in KDE to simulate an analog synthesizer....

, education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...

, business
Business
A business is an organization engaged in the trade of goods, services, or both to consumers. Businesses are predominant in capitalist economies, where most of them are privately owned and administered to earn profit to increase the wealth of their owners. Businesses may also be not-for-profit...

, or athletics
Sport
A Sport is all forms of physical activity which, through casual or organised participation, aim to use, maintain or improve physical fitness and provide entertainment to participants. Sport may be competitive, where a winner or winners can be identified by objective means, and may require a degree...

, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements," and to certain assistants and immediate family members of such aliens.

According to United States Citizenship and Immigration Services
United States Citizenship and Immigration Services
United States Citizenship and Immigration Services is a component of the United States Department of Homeland Security . It performs many administrative functions formerly carried out by the legacy United States Immigration and Naturalization Service , which was part of the Department of Justice...

, there are three types of O visas:
  • O-1A - individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
  • O-1B - individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
  • O-2 - individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. "For an O-1A, the O-2's assistance must be an 'integral part' of the O-1A's activity. For an O-1B, the O-2's assistance must be 'essential' to the completion of the O-1B's production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1."
  • O-3: individuals who are the spouse or children of O-1s and O-2s.


An O-1 visa is initially granted for up to three years. Subsequently, it can be extended for one year at a time. There is no limit to the number of extensions that may be granted. The term "O-1" refers to (also known as Section 101(O)(i) of the Immigration and Nationality Act), which provides for the admission of "aliens of extraordinary ability" in the stated fields. Spouses and dependent children of O-1 visa holders do not receive the status, but instead qualify for O-3 visas.

Unlike many other temporary employment visas, the applicant need not demonstrate proof of binding ties to a residence outside the United States which the applicant has no intention of abandoning.

The O-1 visa legislation was drafted in 1990 by former Connecticut congressman Bruce Morrison
Bruce Morrison
Bruce Andrew Morrison is a former Congressman from Connecticut and candidate for Governor of Connecticut. He is a lobbyist and immigration lawyer...

 [Business Week June 8, 2009 p.14].

Requirements

Generally, to qualify for O-1 classification, aliens of extraordinary ability in the sciences, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

Receipt of a major, internationally recognized award, such as the Nobel Prize
Nobel Prize
The Nobel Prizes are annual international awards bestowed by Scandinavian committees in recognition of cultural and scientific advances. The will of the Swedish chemist Alfred Nobel, the inventor of dynamite, established the prizes in 1895...

; or at least three of the following forms of documentation:
  1. Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  3. Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
  4. Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
  5. Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
  6. Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;
  7. Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
  8. Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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