If your company is looking to hire experienced professionals in the sciences, arts, entertainment, or business fields, an O-1 visa might be the answer. This program provides a path for exceptional foreign nationals to live and work in the United States.
Sponsoring someone for this program is a complex process, but you do not have to move forward on your own. A skilled visa attorney can review your potential hire to ensure they meet the qualifications before guiding you through the process. Talk with an O-1 visa lawyer right away.
Only a limited number of people ultimately qualify for an O-type visa. To be eligible, an applicant must demonstrate extraordinary ability in a specific set of fields. To do so, they must have sustained national or international acclaim in their chosen line of work.
Extraordinary ability is a subjective standard, but an O-1 visa attorney can provide insight into how a person might qualify. It differs across fields, with prominence and renown having a very different scope for artists compared to scientists. The U.S. government will consider each applicant’s ability in the context of their profession, but there must be little doubt they are among the elite in their field.
There are many advantages to going with this option. First and foremost, hiring a new employee can be handled relatively quickly, with a decision coming as soon as 15 days following the completion of the application under premium processing.
In addition, these professionals may be able to remain in the country indefinitely through renewals for as long as the position is available. There are other benefits when it comes to recruiting foreign professionals through this program, as they are allowed to bring their spouses and unmarried children under the age of 21 with them as well.
The O-1 is not the only option under this program. For example, the O-2 visa exists for assistants for certain applicants, like athletes or artists. Spouses and children may also qualify under the O-3 program. An attorney could assist with any of these O-visa options.
When companies want to hire someone from abroad with extraordinary ability, they must initiate the immigration process. A foreign professional cannot apply for an O-1 visa directly. Instead, an employer based in the United States must submit a document known as Form I-129, Petition for Nonimmigrant Worker.
A lawyer can assist with the O-1 visa application process. This starts with obtaining a written advisory opinion supporting the applicant’s extraordinary ability. These opinions must be written by someone in the applicant’s area of ability. There are exceptions when peer groups cannot be easily found, and an attorney can assist with securing an advisory opinion.
Another critical part of this process is proving an employment relationship exists. This might involve evidence of a job offer or a current employment contract, but the company is required to provide those details.
If your company is considering a hire using this program, it is crucial that you seek out legal counsel right away. There are pitfalls to be aware of that could result in delays or even denied applications. Reach out to an O-1 visa lawyer as soon as possible for a confidential consultation.
