The EB-1 visa category is a preference category for United States employment-based permanent residency.
O-1 Visa
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FAQ
The O-1 visa is a non-immigrant visa in the United States granted to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. Here are the general requirements for an O-1 visa:
1. Demonstrated Extraordinary Ability
- O-1A Visa: This category requires the applicant to demonstrate extraordinary ability by sustained national or international acclaim in sciences, education, business, or athletics. The evidence must show that the person is one of the small percentage who has risen to the very top of the field.
- O-1B Visa: This category is for those with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. In the arts, the standard is to demonstrate distinction. Distinction means a high level of achievement, as evidenced by a degree of skill and recognition substantially above that ordinarily encountered.
2. Documentation of Ability
- Evidence: Such as awards, honors, significant contributions to the field, membership in organizations that require outstanding achievements, published material about the applicant, high salary or remuneration for services, and other professional achievements.
- Letters of Recommendation: From peers, experts, or other significant contributors in the field that can testify to the applicant’s achievements and status in the profession.
Consultation
- A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the applicant’s area of ability.
4. Contract Between Petitioner and Beneficiary
- A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed.
Itinerary
- A list of the events or activities in which the beneficiary will participate or perform. Include dates, locations, and a copy of any itinerary for the events or activities.
6. Agent for Multiple Employers
- If the petition is filed by an agent for multiple employers, you must include extra details such as the exact terms and conditions of the employment activities.
7. Application Process
- Form I-129, Petition for Nonimmigrant Worker: Filed by the U.S. employer, agent, or foreign employer through an U.S. agent.
- Processing Time: Varies, but expedited processing is available through the USCIS Premium Processing Service, which guarantees 15-calendar day processing.
8. Entry to the United States
Upon approval of the petition by USCIS, the beneficiary may apply for an O-1 visa at a U.S. embassy or consulate.
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The EB-2 visa is a U.S. immigrant visa for professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business.
The EB-3 visa is a U.S. employment-based green card category that allows skilled workers, professionals, and other workers to gain lawful permanent residence in the United States.
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