AWhat is O-1 Visa?
O-1 visa is a classification of non-immigrant temporary worker visa to aliens of extraordinary ability in the fields of sciences, arts, business, education and sports.
There are two subcategories of the O-1 visa: O-1A and O-1B. O-1A visa is available for aliens of extraordinary ability in the sciences, education, business or sports. O-1B visa is available for individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture and television fields. For example, professional performing artists who want to enter the United States for performances and activities need to obtain an O-1 visa first.
The petitioner of O-1 visa is employer. The beneficiary is employee.
An O-1 visa is initially granted for up to 3 years. It can be extended for one year at a time. There is no limit to the number of extensions that may be granted.
The spouse of O-1 visa holder can obtain O-3 visa. O-3 holders can live in the United States, but they can’t work.
People who accompany and assist O-1 visa holders may apply for an O-2 visa. The O-2 visa holder must be an indispensable person to assist the O-1 visa holder, and there is no such person in the United States to assist in this work.
BThe requirements of O-1 Visa
To meet the requirements of O-1A visa, the beneficiary must meet one of the following two criteria.(aliens of extraordinary ability in the fields of Science, Education, Business and Sports)
1.The first criterion is that the beneficiary only needs to prove that he or she has received more than one internationally recognized award. The criterion of Extraordinary Ability can be met by internationally recognized award without providing other evidence. Based on our experience, such as Nobel Prize, Olympic Medal, Pulitzer Prize or International Major Inventions and Creations are accepted as internationally recognized awards. Few people can meet this criterion.
2. The second criterion provides another criterion, that is, the petitioner only needs to meet any three of the eight criteria.
1) Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellenceProfessional Attorney Analysis: The beneficiary needs to win a few national awards (this award may be China, the United States or any other national award) or relatively minor international awards in their field to prove their outstanding achievements in this field. Based on the experience of our team, the petitioner needs to win at least one award to meet this criterion.
2) Evidence of your membership in associations in the field which demand outstanding achievement of their membersProfessional Attorney Analysis: Based on the experience of our team, it is very difficult for applicants to meet this criterion. Most associations that only need to pay application fees or membership fees will not be accepted by USCIS.
3) Evidence of published material about you in professional or major trade publications or other major mediaProfessional Attorney Analysis: According to the circulation of media, we can judge whether the media belongs to the “main media”. However, with the progress of society and science and technology, more and more paper media have withdrawn from the stage of history, and the judicial standards of USCIS have also changed. Now USCIS also accepts the reports from the Internet media. The main Internet media in China, such as Sina, Sohu, Tencent News and Phoenix News, are all accepted Chinese media. The media in Europe and America need to be mainstream media or related professional media, such as www.techcrunch.com, www.thenextweb.com, etc.
Media coverage must include headlines, dates, authors, and detailed translations.
In addition, in recent years, USCIS has been more and more strict in checking media coverage. Simple media coverage is of no significance to EB-1A application. Media coverage needs to be specific, preferably in the form of exclusive interviews.
4) Evidence that you have been asked to judge the work of others, either individually or on a panelProfessional Attorney Analysis: Applicants must complete at least three reviews if they want to meet this criterion. Applicants in the field of science need at least 8 to 10 reviews. The applicant must evaluate and appraise the works of others in his or her professional field or other related fields.
5) Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the fieldProfessional Attorney Analysis: This criterion is the most flexible of all the 10 criteria, and can be considered as an “all-round” option for Aliens of Extraordinary Ability. Generally speaking, we suggest that clients should patent application certificates, expert recommendation letters, business contracts and other evidence.
6) Evidence of your authorship of scholarly articles in professional or major trade publications or other major mediaProfessional Attorney Analysis: USCIS pays more attention to the quantity and quality of articles. Many applicants mistakenly believe that publishing a lot of articles in a short time can meet such requirements. USCIS will focus on citation of articles published by applicants. Generally speaking, it is easier for applicants in the fields of medicine, biology, chemistry, physics and other natural sciences to obtain a large number of citations. The articles of applicants in computer, mathematics and some liberal arts fields will be less cited.
7) Evidence of your performance of a leading or critical role in distinguished organizationsProfessional Attorney Analysis: According to the instructions of the U.S. Immigration Act, applicants should not only prove that their organizations are “important”, but also that their positions are “critical” and “major”. In addition, applicants need to provide at least two important positions.
8) Evidence that you command a high salary or other significantly high remuneration in relation to others in the fieldProfessional Attorney Analysis: Firstly, the applicant needs to provide relevant tax payment and income certificate. Then Attorney will sort out and compare the materials. Attorney will find salary standards for applicants’ domestic counterparts as well as those for their American counterparts in order to prove that applicants earn far more than their counterparts.
To meet the requirements of O-1B, the beneficiary must meet one of the following two criteria. (aliens of extraordinary ability in Arts, motion picture and television fields)
1.The first criterion is that the beneficiary only needs to prove that he or she has received more than one internationally recognized award. The criterion of Extraordinary Ability can be met by internationally recognized award without providing other evidence. Based on our experience, such as Oscar Prize, Emmy Award and Grammy Award are accepted as internationally recognized awards. Few people can meet this criterion.
2. The second criterion provides another criterion, that is, the petitioner only needs to meet any three of the six criteria.
1) Evidence that your work has been displayed at artistic exhibitions or showcasesProfessional Attorney Analysis: Generally speaking, artists and architects can meet this requirement. It should be noted that photographs are not enough evidence, and applicants need to provide complete evidence to prove that they meet this requirement.
2) Evidence of your commercial successes in the performing artsProfessional Attorney Analysis: With the development of science and technology, USCIS keeps pace with the times. Very few tapes or CDs can be found in the market today, so most of the information used by attorneys now is online clicks and online revenue.
3) Evidence of playing a major role in well-known film and television works.Professional Attorney analysis: Please provide relevant documentation about film and television works, including but not limited to press conferences, media reports, contracts and so on.
4) Achievements are recognized domestically or internationally.Professional Attorney analysis: Talents in the field of Arts, motion picture and television
should prove that they are widely recognized in this field, and their level is much higher than that of ordinary people. Please provide media reports, works evaluation, journal and other objective evaluation information.
5) Evidence of your leading or critical role in distinguished organizations or activitiesProfessional Attorney analysis: Talents in the field of Arts, motion picture and television
should prove that they are widely recognized in this field, and their level is much higher than that of ordinary people. Please provide information about organizations or activities, media reports works evaluation, journal and letter from organizations or activities.
6) Achievements recognized by well-known organizations or other experts in the field.Professional Attorney analysis: Talents in the field of Arts, motion picture and television
should prove that they are widely recognized in this field. Letters from well-known organizations or other experts should include the authority of the writers and the recognition and understanding of the beneficiary’s achievements.