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O-1 Visa

Arts and Sciences Temporary O-1 Visas

The United States recognizes the importance of development and innovation in the arts and sciences, as well as, and education, business and athletics. By offering temporary O-1 Visas for extraordinary ability, talented researchers, scientists, engineers and artists, can work in the United States and make important contributions. The Law Office of Mark Galvin is committed to helping highly talented scientists, researchers, engineers, artists, writers, painters, musicians, actors, directors and other dedicated members of the arts and sciences, as well as, their peers in education, business and athletics achieve success in the United States.

Comparing the O-1 Visa with H-1B and EB-1

An O-1 visa is a special visa reserved for individuals with extraordinary ability in the arts, sciences, education, business and athletics. The O-1 visa is different from the EB-1 extraordinary ability category because it is temporary – importantly, the qualifying requirements are the same. Therefore, individuals in the O-1 visa category are often able to convert to Permanent Residence or Green Card status without an employer sponsor or PERM Labor Certification process since, if you qualify as an O-1, you should qualify under the EB-1 extraordinary ability category.

The EB-1 extraordinary ability category (and EB-1 outstanding professor or researcher) is especially attractive to individuals from countries where there are substantial US Green Card backlogs (India and PR China) due to the much faster processing times compared to the EB-2 and EB-3 employment-based categories. It is important to remember that an individual can file an I-140 or EB-1 extraordinary ability petition by him/herself while in H-1B status. And, that while the EB-1 outstanding professor or researcher category requires an employer sponsor, the requirements are the same as the EB-1 extraordinary ability.

Qualification for an O-1 Visa

Qualification usually lasts for an initial three-year period and can then be renewed. The O-1 visa requires (for extraordinary ability in the sciences, education, business and athletics) national or international acclaim in field of expertise demonstrated by the receipt of a major internationally recognized award (e.g., Nobel Prize), or more likely, proof that the applicant has at least three of the following:

  • Receipt of nationally or internationally recognized award
  • Membership in organization which require outstanding achievement
  • Published material about the applicant in a professional or major publication
  • Participation on a panel, or individually, as a judge of the work of others in the same or similar field of specialization
  • Original scientific, scholarly or business contributions of major significance
  • Authorship of scholarly articles, books, publications in the field of expertise, in professional journals, or other major media
  • Employment in a critical or essential capacity for organizations or entities that have distinguished reputation
  • Has or will command a high salary

Secure your O-1 Visa with Advocacy You Can Trust

Due to the significant evidence that must be provided at the time of filing, it is important to work with an attorney who understands the quality of your application and can assist you in providing accurate documentation. We will provide honest and forthright advocacy and, if we do not believe you have the opportunity to qualify, we can pursue other options and alternatives to help you gain residency in the United States.

The Law Office of Mark Galvin offers experienced, practical and prompt counsel in business and family immigration matters. Contact Mr. Galvin by e-mail or by calling 401-519-7214 or toll-free 888-859-2138 for services in the United States or abroad.

Our lawyers offers a flat fee structure so that you know what you are paying at the outset without any hidden or undisclosed costs.

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