Questions about "Extraordinary Ability" Visas? Immigration attorney Magdalena Cuprys explains
In her newest article in her Instruction Series on various US Business and Employment-Based Visas, Immigration Attorney Magdalena Cuprys, Esq. examines the O-1 Visa.
By: Cuprys & Associates
The O-1 nonimmigrant visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have provable record of extraordinary achievement in the motion picture or television industry, and have been recognized nationally or internationally for those achievements.
The "O" non-immigrant classification is commonly referred to with the following designations:
· O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
· O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
· O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2's assistance must be an "integral part" of the O-1A's activity. For an O-1B, the O-2's assistance must be "essential" to the completion of the O-1B's production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
· O-3: individuals who are the spouse or children of O-1's and O-2's
To qualify for an O-1 visa, the beneficiary (applicant) must demonstrate "extraordinary ability" by sustained national or international acclaim and must be coming temporarily to the U.S. to continue work in the area of extraordinary ability.
These applications usually require a written advisory opinion (Consultation)
One such peer organization is The Alliance of Motion Picture and Television Producers (AMPTP), which is the trade association responsible for negotiating virtually all industry-wide guild and union contracts, including those with American Federation of Musicians (AFM); Directors Guild of America (DGA); International Alliance of Theatrical Stage Employees (IATSE); International Brotherhood of Electrical Workers (IBEW); Laborers Local 724; Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA); Teamsters, Local #399; and Writers Guild of America (WGA).
This area of immigration and visa law is complex and demanding. Persons who would like to apply for a U.S. visa in this category should consult with a qualified immigration attorney before starting the application process, advises Ms. Cuprys.
*** Magdalena Cuprys is the principal attorney of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals.
Cuprys & Associates
Magdalena Cuprys, principal lawyer