O-1 VISA

The O-1 Visa is set aside for the principal alien with extraordinary ability. The visa enables such people with extraordinary ability in the sciences, education, arts, education, business, athletics, motion picture or TV industry to enter the U.S. for temporary periods of time. INS loosely defines this category, and the spectrum of eligible individuals also includes chefs, carpenters and lecturers.

To apply for a O-1 Visa, the applicant must prove that he or she is highly regarded in his or her occupation or field. Note, O-1 Visa holders can only work in the U.S. in that area of expertise.

The principal's spouse and unmarried children under the age of 21 may come and stay in the U.S. under O-3 status. They are allowed to attend schools or universities. However, they are not allowed to work in the U.S. unless they are individually qualified for a work visa.

Procedures

The O-1 Visa is not a self petitioned visa. It must be petitioned by a U.S. employer, U.S. agent or foreign employer through a U.S. agent. The U.S. employer or agent, i.e., the petitioner should submit Form I-129 with INS with jurisdiction over the state in which the applicant intends to work. The form should be submitted at least six months before the applicant plans to come to the U.S.

The petition must include a printed article or statement from either a person or group proficient in applicant's field. This person/group should support the applicant's status as a respected member of that field.

Forms and Documents

Applicants must provide the following documents:

Visa application Form OF-156.
One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
A passport, valid for travel to the United States for at least six months longer than the intended visit.
The U.S. employer or agent must also provide the following supporting documents:

Applicant's resume/CV and educational history.
Proof of the candidate's eligibility.
Evidence that proves you have received recognition or awards in the applicant's field.
Printed documents by previous employers or experts in your field that show the applicant's status of achievement in that particular field.
Employer's financial information.
A letter from the U.S. employer explaining the work the applicant intends to perform while in the U.S