Bringing Talented Foreigners to the U.S. With the O-1 Visa

Bringing Talented Foreigners to the U.S. With the O-1 Visa

In an increasingly globalized economy, employers in need of talented individuals should not be limited to the United States. There is literally a whole world of athletes, artists, entertainers, and other extraordinary professionals to tap into, and the O-1 Visa is the best way to do it. That is why Jurado & Farshchian, P.L. immigration attorneys specialize in this vital nonimmigrant visa.

The Extraordinary Standard for the O-1 Visa
Designed for “individuals of extraordinary ability or achievement,” the O-1 Visa is a broad classification that encompasses a variety of individuals who display outstanding achievement and acclaim in a given area. These include the sciences, arts, education, business, and sports. The O-1 Visa is a more versatile alternative to the H-1B Visa because it has no cap, no wage maintenance feature, and no overall limit on time.

Unlike some other visas, it also does not require that the candidate have a professional degree. Rather, they must meet the “extraordinary standard” criteria, providing considerable evidence that they are exceptional and widely recognized in their area.

Evidentiary Criteria for the O-1 Visa
To qualify for the O-1 Visa, a petitioner must prove that the sponsored foreign national is coming to the U.S. to continue working in the area in which they are greatly accomplished. The O-1 Visa is divided into two broad subcategories: one for scientists, educators, entrepreneurs and athletes, and the other for artists and entertainers (fashion designers, visual artists, actors, etc.).

Regardless of which profession the candidate falls under, they will be required to provide a minimum of three of the following pieces of evidence pertaining to their field:

  • Being the recipient of a nationally or internationally recognized prize, award, or other formal recognition of excellence in their field
  • Being a member of an association in their field that requires outstanding achievement for membership
  • Having material in a publication related to their field, or in a major media outlet, about their work or performance
  • Participating on a panel or as a judge to review the work or performance of others in the same or similar field
  • Original contributions of “major significance” in their field (an acting technique, research paper, fashion design, etc.)
  • Authoring articles in professional journals or other major media
  • Current or prior work of an essential nature in a professional organization with a prominent reputation
  • Past or present high salary or other remuneration for services related to their field, evidenced by contracts or other reliable information

Although you only need to meet three of the above-mentioned criteria, the more evidence of extraordinary ability you provide, the better your chances of approval.

Hire the Leading O-1 Visa Experts
As advantageous as the O-1 Visa is, you will still be required to navigate America’s infamously complicated and bureaucratic visa regime. Your enterprise cannot afford to wait on getting the talent you need to succeed. Jurado & Farshchian can assist you every step of the way, from gathering the evidence of extraordinary ability, to filling out the forms and application needed to comply. To learn more, call me at 305–921–0440 or email me at Romy@jflawfirm.com.

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