O Visa
Qualifications
How to get one
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> Overview
An O-1 petition is a form of employment-based visa petition through which an employer or agent can petition for an individual with extraordinary ability. While the standards are high, the process is much more straightforward than an H-1B or L-1 and is available to petition for artists, athletes, and entertainers, who tend not to fit the requirements of H-1B or L-1, making the O-1 very attractive for hiring those in the top of their field.
The government considers an individual to have extraordinary ability if that individual has either received a Nobel Prize, Academy Award, or a similar honor or can demonstrate his or her extraordinary ability through other evidence. The requirements differ slightly depending on the individual’s field. Please see the answers to questions at left for more detail.
To submit the best O-1 petition, the individual will need to provide us with as many relevant documents supporting the individual’s claim to satisfy as many of the above requirements as possible.
In addition to the required documentation, we strongly encourage that letters of recommendation be included in the O-1 petition package. These letters will help the evaluator of the individual’s petition understand the importance of the documents supporting the individual’s petition and therefore the individual’s qualification as an alien of extraordinary ability. We will work with each of the individual’s providers to craft the best letters for the individual. Each letter should demonstrate that:
- The provider has the qualifications and reputation to provide a professional opinion of the individual’s qualifications
- The individual’s achievements and contributions are of major significance
- The individual’s publications, awards, and memberships in professional associations are significant
- The individual’s knowledge, abilities, or experience are above that of the individual’s professional peers
We will work with the employer to assure all documents will satisfy the government’s requirements. Such documents include the offer of employment letter and an advisory opinion, which we will help procure. We will work with the individual to obtain all necessary documents.
We will also assist in procuring the required advisory.
The employer must also include with its petition a letter demonstrating an offer of employment and an advisory opinion from an entity such as a peer group or labor organization in the industry if such an organization exists. The advisory opinion must state that the individual qualifies an alien of extraordinary ability.
We will work with the employer to ensure its offer of employment letter will satisfy the government’s requirements and will assist the providers of letters of recommendation in crafting letters beneficial to the petition.
Due to the O-1 petition's very high standards, we strongly encourage anyone wishing to pursue an O-1 petition seek the counsel of an immigration attorney.