Texas 0-1 Visa Lawyers

O-1 Visa (Alien of Extraordinary Ability)

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.

The O nonimmigrant classification is commonly referred to as:

•· 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

1. ELIGIBILITY:

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidence by a degree of skill and recognition substantially above the ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

2. PRIVILEGES ON O-1 VISA:

On O-1 visa, you may:

•· Receive your visa quickly;

•· Travel Freely in and out of the U.S. for the term of the Visa;

•· Apply for O-2 visas for accompanying essential support personnel;

•· Apply for O-3 visas for accompanying dependents

•· Not be required to prove that you intend to return to you home country residence when your business in the U.S. is completed

•· Apply for permanent residence while in O status

3. CRITERIA:

Scientists, educators, business persons and athletes who wish to qualify for the visa must show three of the following:

•· Receipt of nationally or internationally recognized prizes/awards for excellence in the field;

•· Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts;

•· Published material in professional or major trade publications or major media about the alien;

•· Participation on a panel or as a judge of the work of others in the same or an allied field of specialization;

•· Original scientific, scholarly, or business-related contributions of major significance;

•· Authorship of scholarly articles in professional journals or other major media;

•· Current or previous employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or,

•· Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

Artists and Entertainers (except TV or movie stars) who wish to qualify for the visa must show three of the following:

•· as performed/will perform services as a lead/starring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts, or endorsements;

•· National/international recognition for achievement through critical reviews, other published materials by or about the beneficiary in major papers, trade journals/magazines, etc.;

•· Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.;

•· Has record of major commercial or critically acclaimed success;

•· Has achieved significant recognition from organizations, critics, government agencies, recognized experts;

•· Has commanded or will command a high salary/other remuneration in relation to others in the field.

4. LIMITATIONS ON O-1:

On O-1 visa, you may:

•· Take up employment for the position, event, or activity for which the USCIS granted approval;

•· Take up employment with multiple employers only if each employer files a separate Form I-129;

•· Commence employment on the date authorized by the USCIS and must terminate the employment no later than the date authorized.

5. DURATION:

You may stay in the U.S. on O-1 visa for the period of time necessary to complete the event or activity, which should not exceed an initial period of three years.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.

O-2 Visa (Essential Support Personnel of O1 Visa Holders)

The O-2 work visa is a nonimmigrant visa which allows essential support personnel of O-1 visa holders in the fields of athletics, entertainment, motion picture and television production to enter into the U.S. and engage in official activities. This status is not applicable to personnel in the sciences, business or education.

1. ELIGIBILITY:

To be eligible for O-2 visa, you must prove that you:

•· Are an integral part of the actual performance of the O-1 principal;

•· Have critical skills and experience that are not of a general nature and cannot be performed by other individuals

2. PRIVILEGES ON O-2 VISA:

On O-2 visa, you may:

•· Receive your visa quickly;

•· Travel freely in and out of the U.S. for the term of the visa;

•· Apply for O-3 visas for accompanying relatives.

3. LIMITAIONS ON O-2 VISA:

On O-2 visa, you must:

•· Prove that you maintain a foreign residence that you do not intend to abandon;

•· Prove that your work in the U.S. is temporary;

•· Work only with the O-1 principal to whom you provide support;

4. DURATION:

You may stay in the U.S. on O-2 visa for the period of time determined to be necessary to assist the O-1 principal to accomplish the event or activity, not to exceed three years. You may be admitted to the U.S. for the O-2 visa validity period, plus a period of up to ten days before the validity period begins and ten days after the validity period ends.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.