Unlike H-1B which have a maximum limit of 6 years, beneficiaries in O status do not have a maximum status limit. Believe it or not, most people that apply for the O-1 Visa are already IN the US.
The family members of O-1A principal recipients fall under the O-3 classification. There is no numerical cap placed on the annual issuance of O visa categories.
A request for premium processing requires an additional filing fee of $1,410. The person must have critical skills and experience with the O-1 visa holder that cannot be performed by others.
The applicant must demonstrate that he or she is coming to the United States to perform temporary services for a U.S. employer relating to an event or series of events. In your initial O-1 visa application, your employer can request that you be granted work authorization for a period of up to 3 years to complete a project, event or performance in your field of extraordinary ability. If you work in an artistic field and the above criteria do not readily apply to your occupation, comparable evidence may be submitted to establish your O-1 visa eligibility. However, if you work in the motion picture or television industry, you may not rely on comparable evidence to establish eligibility.
Extraordinary ability is defined differently based on the category under which it falls. For example, in the field of the arts, a person may demonstrate extraordinary ability by showing a high level of achievement in the field. That can only be done if the person is well-known, prominent, renowned or a leading artist. Additionally, extraordinary ability in other fields means demonstrating a level of expertise that shows you are among the elite as far as skill and knowledge. Having more than ten (10) years of experience in commercial law, I have garnered both relevant in-house and law firm experience.
A written advisory opinion is not necessary if a labor organization or peer group does not exist in the field of expertise of the applicant. However, the O-1 applicant must make an exhaustive effort to find out whether any organizations in his or her field exist. If the criteria mentioned in the previous paragraphs do not apply to the industry of the individual applying for the visa, the individual is able to prove his or her extraordinary ability with comparable evidence. – Evidence that the individual has a record of major successes, evidenced by such indicators as motion pictures and television rating, standing in the field or box office receipts. – If the criteria mentioned in the previous paragraphs do not apply to the industry of the individual applying for the visa, the individual is able to prove his or her extraordinary ability with comparable evidence.
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