How to Get an O-1 Visa

Visa for Individuals of Extraordinary Ability

Among all the temporary work Visas, the O-1 is the best and most desirable. At the Law Offices of Simone Bertollini, I have helped many clients get O-1 and H-1B work visas as well as B-1 and E-2 Business Visas.

I also have substantial experience with green card petitions for family members of U.S. Citizens and applications for U.S. Citizenship. I am one of the very few immigration attorneys in New Jersey with firsthand experience with the immigration system, as I was a business investor in E-2 Visa status before becoming a Lawful Permanent Resident.

What Does the O-1 Visa Involve?

The O1 Visa petition it is filed by a U.S. employer that intends to employ the beneficiary on a full-time basis. It is for persons with extraordinary ability in the athletics, business, science, education or arts.

  • It can be used by J-1 Visa holders that are subject to the 2-year residency requirement rule.
  • It is not subject to annual caps like the H-1B Visa.
  • It is granted for an initial period of 3 years and it is renewable.

The filing of a temporary Labor Certification is not required; however, the petition must be submitted with an advisory opinion form a peer organization or from a recognized expert in the field in which the beneficiary possesses extraordinary ability.

Requirements for the O-1 Visa

There are two ways to prove eligibility for the O-1 Visa.

  1. One way is to show that the beneficiary received a major, internationally recognized award.
  2. The other way, which is the most common, is to show the beneficiary's extraordinary ability through extensive documentation.

The documents that are required to prove eligibility for the second path, include:

  • The beneficiary's participation as a judge of the work of others in the field;
  • Substantial recognition of the beneficiary's expertise from experts in the field and peer organizations;
  • The beneficiary's past employment in a leading capacity for organizations with a distinguished, documentable reputation
  • The beneficiary's publication of his work in major professional publications or newspapers
  • The award to the beneficiary of any national or internationally recognized prize for excellence in the field of extraordinary ability

From O1 Visa to Green Card

The O-1 is a non-immigrant Visa, but it allows "dual intent." In other words, the holder of an O1 Visa can lawfully seek permanent residence (Green Card) while in the United States on O1 classification.

The beneficiary of an O-1 Visa can obtain a Green Card in two ways. One way is to file a self-sponsored EB-1 immigrant petition for Extraordinary Ability. In the event that the requirements for EB-1 classification cannot be met, it is possible to file a Permanent Labor Certification under either the second (EB-2) or third (EB-3) immigrant Visa classifications.

Representation From a Knowledgeable New Jersey Immigration Attorney

Filing for any kind of visa can be complicated without the help of an attorney. Improperly filing out a form or missing a deadline can be detrimental to an application. I have helped numerous noncitizens pursue the appropriate work visas, including O-1 visas.

Included in the list of New Jersey Super Lawyers® Rising StarsSM for 2015 & 2016 and named as one of the "Top 40 New Jersey Immigration Lawyers Under 40" by the American Society of Legal Advocates, I am well-equipped to represent your claim. With services available in English, Spanish, and Italian, I will work closely with you until we reach a favorable outcomr that meets your unique immigration needs.

Contact the Law Offices of Simone Bertollini today for more information on the O-1 visa.

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