Like the EB-1 Visa, the O-1 Visa also applies to individuals with extraordinary abilities or achievements in the sciences, arts, education, business or athletics. There are no limits on the number of O-1 Visas that can be issued every year. These visas can be sought for a maximum of three years, but they’re renewable.
O-1 vs. EB-1
What distinguishes the O-1 Visa from the EB-1 Visa is that the O-1 Visa holder might have dual intention of temporarily working here and possibly immigrating to the United States, while the EB-1 Visa holder has every intention of living and working here and permanently residing here. An O-1 Visa Holder can remain in the United States, regardless of the fact that he or she has filed an immigration petition. The petitioner’s O-1 Visa status won’t be jeopardized either. He or she can even petition for permanent residency on an EB-1 Visa without waiting 60 days after receipt of the O-1 Visa and entering the United States. That’s because with O-1 Visas, as there is no issue of possible fraudulent intent. The 0-1 Visa holder can even continue to work in the United States while he or she awaits approval of their petition to adjust the O-1 Visa to an EB-1 Visa.
The Visa of the Stars
An O-1 extraordinary ability or achievement Visa also applies to the motion picture or television industry. Petitioners are required to have attained a very high level of accomplishment in the industry that is far and away, above that of ordinary actors, actresses or other entertainers. The petitioner must be recognized as well-known and renowned in motion pictures or television.
Substantial Prospective Benefit to the United States
The fact that an O-1 Visa has already been issued doesn’t automatically operate to have an EB-1 issued. The holder of the EB-1 Visa is also required to show a likelihood of substantial prospective benefit to the United States. Petitions to adjust status from O-1 to EB-1 are evaluated on a case-by-case basis, and the petitioner must show that he or she has garnered substantial national or international acclaim in his or her field.
A Form1-29 must be filed for any O-1 visa application. These visa applications are processed rather quickly, so it can’t be filed more than one year before the applicant seeks to enter the United States. Maison Law Immigration lawyers is a California Central Valley law firm that can assist scientists, researchers, entrepreneurs, performers, artists, athletes and business people lawfully enter the United States on O-1 Visas. The process for applying for an O-1 visa can be complex. Answering the questions and providing necessary documentary evidence can be confusing and complicated. Start that process sooner than later with the Central Valley immigration lawyers at Maison Law Immigration Lawyers. Your application must be filed with 45 days before your intended date of employment. Contact us for a consultation about your specific situation. We want to see your past and future hard work benefit all Americans.
