O-1 Visa | O1 Visa Attorney | Eatontown, New Jersey

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O-1 Visa

NJ O-1 Visa Lawyer

Assume you are one of the few people who have extraordinary ability in sciences, arts, education, business, athletics, or have outstanding achievements in the motion picture or television industry. In that case, you may be eligible for an O-1 visa.

The O-1 visa is granted to the persons mentioned above to remain in the United States and operate in their respective fields or industries for a set period of stay. Also, unlike other types of immigrant visas, there is no annual quota for O-1 visas. If you need to know if you qualify for an O-1 visa, don’t hesitate to contact our experienced immigration attorney from New Jersey.

Our NJ immigration lawyers have demonstrated exceptional skills in giving competent legal services to our clients. We will guide you through every step to ensure a smooth visa application process.

Why do I need an O-1 Visa Attorney?

Getting a nonimmigrant visa is not that simple. It requires the mind of an individual who has years of expertise and is well-versed in immigration law. There are circumstances where you must consider a particular immigration policy.

An O-1 visa, like any other nonimmigrant or even immigrant visa, requires you to demonstrate your eligibility. This must be backed up by the documents which are listed below. Sometimes, it won’t be clear whether the documents or evidence you have are enough. However, if you have an immigration lawyer on your side, you won’t have to go through the rigorous process of collating the supporting documents on your own.

At Andres Mejer Law, our lawyers have shown over their years of expertise that they provide competent legal representation to people who have immigration concerns and problems. They are well-rounded professionals who can handle various immigration situations, including deportation and getting a green card (permanent residency) through employment, family, or marriage (or Fiance visa).

Don’t go through your visa application alone. Please get in touch with us as soon as possible to schedule a free legal strategy session.

What Exactly is an O-1 Visa?

E2 Visa Attorney

An O-1 visa is primarily meant for those with extraordinary ability in the sciences, arts, education, business, or athletics. It also covers those who have achieved great success or exceptional achievement in the motion picture or television industry. Furthermore, the said individual must be recognized either at the national or international level for their accomplishments.

In addition, some of your family members may enter the United States under O-3 visas. This means that your spouse and unmarried children under 21 will be permitted to accompany you throughout the same term of admission and limitations as you. They will, however, be unable to work in the United States.

The O-1 classification is divided into two categories:

O-1A Visa

For individuals who have demonstrated extraordinary ability in sciences, education, business, or athletics.

O-1B Visa

For individuals who have demonstrated extraordinary ability in the arts or outstanding achievement in the motion picture or television industry.

Remember that being a part of a group or team does not automatically qualify you for an O-1 visa because it is dependent on individual qualifications. Furthermore, your objective in obtaining an O-1 visa must be to work or perform in your field of expertise or industry in the United States.

 

Is it Possible to Extend my Stay?

 


Yes, depending on the reason. If you are granted an O-1 visa, you will be allowed to stay and work in the United States for up to three years. However, if your permitted stay expires but you have not yet completed the series of activities or work needed from you, you may seek a visa extension.

To qualify for an extension, your employer or agent must provide three documents: Form I-129, a copy of Form I-94, and an explanation of the grounds for the extension.

 

Who can qualify for an O-1 Visa?

 


To be eligible for an O-1A visa, you must have the following qualifications:

  • Must have a job offer waiting in the United States
  • Must possess or have proven extraordinary ability in sciences, education, business, or athletics.
  • You must have gained sustained national or international acclaim.

Examples of international acclaim are awards such as the Nobel Prize, Pulitzer Prize, Olympic medals, and other prominent international honors.

If you don’t have one of these, you’ll need at least three of the following:

  • National or international award for excellence.
  • Membership in associations requires its members to have outstanding achievements in their field of expertise and that recognized national or international experts judge it.
  • Has been featured in a published material (e.g., professional or major trade publications or major media) which features you and your work.
  • Has served as a judge, either individually or as part of a panel, in your field or industry.
  • Made an original scientific, scholarly, or business-related contribution of major significance to the field.
  • Publishes scholarly papers in professional journals or big news outlets
  • Have previously worked in a key or important position for an organization with a reputable reputation.
  • Commanded a high salary or other outstanding remuneration for your services.

To be eligible for an O-1B visa, you must have the following qualifications:

  • Your work must conform to the definition of art under immigration law (8 C.F.R. 214.2(o)(3)(ii).)
  • You must be entering the United States to perform in your area of expertise or industry.
  • You must be recognized as a prominent individual in your field.
  • You must produce proof of the recognition mentioned above, such as critically acclaimed awards for which you have been nominated. The Oscars, Emmys, and Grammys awards are a few examples.

Remember that you can offer other evidence as an alternative to the listed evidence or supporting documents for some qualifications, specifically proving extraordinary ability and national or international acclaim. However, it would still be subject to review by the USCIS (U.S. Citizenship and Immigration Services).

It would be easy if you had an experienced O-1 attorney. In this case, they will help you with what documents you should prepare.

 

How to Obtain an O-1 Visa?

 


Your Employer or Agent Must file a Petition.

The application procedure for an O-1 visa does not begin until your employer or agent files a petition, Form I-129. It is critical to remember that your employer or agent is based in the United States.

In terms of filing the petition, your employer or agent cannot file the petition more than one year before they will require your services, such as a scheduled event or performance.

Furthermore, the petition must be accompanied by documents or proof you will need to sustain the necessary qualifications. The following are the most commonly required documents:

  • A consultation letter or written advisory opinion. It must be obtained from a group or institution in your field, such as a suitable peer group or labor union. The letter must state that the organization mentioned above or institution has no objections to you receiving an O-1 visa.
  • A contract between you (the beneficiary) and the petitioner.
  • Itineraries that detail or explain the nature of events or activities you will attend.
  • Other evidence that will support your O-1 eligibility.

Furthermore, suppose you are already in the United States on another legal visa classification. In that case, you may use the petition to change your visa status. You should bear in mind that there are certain limitations to this, such as if the U.S. government considers you reliant on their public benefits (public charge).

Apply at your local U.S. Consulate

If your employer’s petition is approved, the USCIS will give you a Notice of Action (Form I -797B). By securing such a form, you can now proceed to the nearest U.S. consulate (in your home country) to process your O-1 visa application (consular processing).

Keep in mind that visa application procedures may differ based on the rules and regulations of your local U.S. Consulate. So it is essential to pay a visit to your nearest local U.S. Consulate to know the processes.

Enter the United States with an O-1 Visa

When entering the U.S. border or at any port of entry, you must carry the necessary visa documents. This will be inspected later on by a border officer. Once the officer finds that your paperwork is all set, your passport will receive a stamp, and the officer will create an I-94 Arrival/Departure record for you (only applicable if entered by air or sea).

Remember that the border officer has the authority to deny you passage if they deem something wrong with your paper. Hence, as much as possible, double-check the contents of your visa paperwork to avoid delays or inconvenience.

 

Contact our Experienced O-1 Visa Attorney!

When applying for a visa, there will always be ups and downs. However, keep in mind that having a dedicated immigration lawyer on your side reduces the likelihood of you encountering complications when filing for an O-1 visa.

Our immigration law firm in New Jersey has committed itself to our main goal: to provide quality legal services and representation to our clients. We have helped hundreds of people facing immigration cases like you.

Don’t hesitate to contact us if you want to know if you are eligible for an O-1 visa or if you need assistance starting the application process.