How does the US Government define extraordinary abilities?
Extraordinary abilities are defined as a “distinction” in the arts, science, education, business, sports, motion picture and television. A distinction can be exhibited by being a recipient of a major achievement or establishing evidence of prominence in his or her field. If you believe you are an accomplished individual, and meet the qualifying criteria, talk to our team. We will review your eligibility and walk through the requirements of securing your O-1 visa.Talk to an Attorney
Individuals who are the recipients of a major achievement and recognition substantially above the ordinary – well renowned.
Individuals who work in creative fields and/or in the motion picture or television industry. You’re an art/creative director, copywriter, designer, writer, photographer, model or actor starring in a leading role.
Individuals who are in prominent positions in their company or field of work.
Individuals who are drawing a high salary or other substantial remuneration for services compared to others in your field of work.
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To satisfy the basic O-1A visa requirements, candidates must exhibit extraordinary abilities. Extraordinary abilities are defined as a “distinction” in science, education, business and sports. Proof is evidenced by a one-time award equivalent to a Nobel Prize.
For all other science, education, business and sports candidates, at least three of the following criteria must be met in order to qualify for the O-1A visa:
To satisfy the basic O-1B visa requirements, candidates must exhibit extraordinary abilities. Extraordinary abilities are defined as a “distinction” in the arts, motion picture and television. Proof is evidenced by a one-time award equivalent to an Academy Award.
For all other art, motion picture and television candidates, at least three of the following criteria must be met in order to qualify for the O-1 visa:
The first step of the O-1 visa application process is to file your petition. Your employer needs to initiate this process by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS along with evidence of your extraordinary ability or achievement. This must be done a minimum of 45 days before you intend to begin working in the U.S. After USCIS receives your petition, they will evaluate it and issue a response. If your petition is approved, you and your employer will receive Form I-797, Notice of Action.
After these forms are submitted, you will need to schedule an interview with the US embassy. You will need to bring a comprehensive file containing all the necessary documents to prove your case to your interview. One of our experienced attorneys will help you identify which documentation is required and help you assemble your file.
After your interview, there is a waiting period of typically two to three months for the US embassy to review your case. If you are approved for the O-1 visa, congratulations! You can begin to make travel arrangements and continue your career in the United States.
When applying for the O-1 visa, there are a few mandatory fees you should be aware of.
Other optional fees may increase the cost of an O-1 visa. Our team will walk you through all of the options and advise you on which is most applicable for your situation including expediting your petition. If necessary, candidates can pay a fee of $2,500 to shorten the processing time to 15 calendar days.
We don’t recommend going through the process on your own. Working with an attorney on your behalf makes the process more seamless, stress-free and efficient towards your goal of securing an O-1 visa. At Boddie & Associates, P.C., we offer free initial consultations, to give you the comfort of being able to assess your situation and get a better idea if working with one of our highly talented attorneys is the right move for you at the time.
There’s a lot to process and understand when attempting to apply for an O-1 visa.
Here are the most common questions we receive from qualified candidates:
Our talented and experienced immigration attorneys are available to help you with your application process from start to finish.