o-1a

The O-1A visa is a non-immigrant visa category available to individuals with extraordinary ability in the fields of science, education, business, athletics, or the arts. It is designed for individuals who have reached the pinnacle of their respective fields and wish to work in the United States.

In the realm of O1 visas, the term "extraordinary ability" underscores a higher level of expertise, uncommon within a specific industry or field. This unique skill set, exceptional ability, or noteworthy achievement is typically demonstrated by only a select percentage of professionals.

To qualify as a professional possessing extraordinary ability, you must show a distinguishable level of prominence in your field. Recognition of your skills and acknowledgement of your competence as leading and widely known within the industry are essential. O-1A visa holders can change employers while in the U.S., provided the new employer files a new petition on their behalf. They can also work on multiple projects simultaneously as long as they are within their field of extraordinary ability.

• Extraordinary Ability: The applicant must demonstrate extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry), which means they have risen to the top of their profession and have sustained national or international acclaim. This can be demonstrated through awards, recognition, memberships in prestigious organizations, or published materials about their work.

To establish extraordinary ability, the applicant must meet at least three of the following criteria:

• Receipt of nationally or internationally recognized awards.
• Membership in associations that require outstanding achievements.
• Published materials about the applicant's work.
• Participation as a judge of others' work.
• Original scientific, scholarly, or business contributions of major significance.
• Authorship of scholarly articles or publications.
• Evidence of high salary or remuneration for services.
• Employment in a critical position within an organization boasting a distinguished reputation in your field.
• Job Offer or Engagement: The applicant must have a job offer from a U.S. employer or a contractual commitment for a specific project. The work must be in their field of extraordinary ability.

Individuals with extraordinary abilities can bring essentialsupport personnelto assist them in their work. These individuals must be an integral part of the applicant's activities and possess critical skills and experience.

Unlike some other work visa categories, the O-1A visa does not require the employer to obtain a labor certification from the U.S. Department of Labor. Besides, O-1A visa holders can have "dual intent," meaning they can pursue permanent residency (green card) while in the United States on an O-1A visa without jeopardizing their non-immigrant status.

The O-1A visa operates on a petition-based system. Your U.S. employer, U.S. agent, or foreign employer through a U.S. agent is required to file the petition on your behalf using Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). Accompanying the form, your employer must submit the necessary supporting documentary evidence, including:

• Consultation/AGMA Letter: A written advisory opinion from an expert or peer group in your field, with a watermark or distinctive marks for authenticity. According to guidelines established by the USCIS, petitioners applying for O and P visa classifications need to submit a consultation letter, referred to as an Advisory Opinion Letter or a No Objection Letter from a U.S. peer group, labor organization, and/or management organization. The American Guild of Musical Artists (AGMA) offers consultation letters for O and P visa classifications.
• Contract: A copy of any written contract between you and your employer detailing wage and employment conditions.
• Itineraries: A comprehensive breakdown of events or activities in the United States, outlining your travel plan, agenda, schedule, timetable, and other activities during your O-1 status.
• Supporting Documentation: At least three different types of documents from the O-1 visa requirements, presented in a manner that emphasizes and supports your eligibility, demonstrates your extraordinary ability in the sciences, arts, business, education, or athletics.
• Agents: A U.S. agent may be your actual employer, the representative of both you and the employer, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent.

Generally, O1 visas are initially granted for a three-year period. Subsequent extensions, typically in one-year increments, are permissible as long as you consistently meet the extension requirements.
For each renewal, submit:

• Form I-129 Petition.
• A copy of your Arrival/Departure Record, Form I-94.
• A statement justifying the need for the extension, detailing the event that was the basis of the original approval.

If you are in the U.S. with children on O-1 derivative visas (O3 Visa), their status must also be renewed using Form I-539, Application to Extend or Change Nonimmigrant Status.