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What are the eligibility requirements for an individual to apply for an O-1 visa in the United States?

Picture of Chris Battis By   ·  1 minute read

The O-1 visa is a non-immigrant visa issued by the United States to individuals with extraordinary ability or achievement in the arts, sciences, education, business, athletics, or other fields. The eligibility requirements for an individual to apply for an O-1 visa are as follows:

  1. Extraordinary ability: The applicant must possess extraordinary ability in their field, which can be demonstrated through nationally or internationally recognized awards or prizes, published material about their work, membership in professional associations, or other similar evidence of their achievements.
  2. Job offer or Invitation: The applicant must have a job offer or invitation from a U.S. employer or agent to come to the United States to work in their field of extraordinary ability.
  3. Consultation: The applicant must obtain a written advisory opinion from a peer group, labor organization, or management organization in their field of expertise, which must assess the applicant's achievements and confirm that they have extraordinary ability in their field.
  4. Visa approval: Finally, the applicant must obtain approval of their visa application from the U.S. Citizenship and Immigration Services (USCIS).

It is important to note that the eligibility requirements for an O-1 visa may vary depending on the applicant's field of expertise. For example, athletes must show that they have achieved significant international recognition in their sport, while business executives must demonstrate expertise in their industry.

Additionally, some applicants may be eligible for an O-1 visa waiver, which allows them to avoid the requirement of obtaining a written advisory opinion. This waiver is available to individuals who can demonstrate that it would be contrary to the national interest to require them to obtain an advisory opinion.

If an individual is interested in applying for an O-1 visa, it is recommended that they consult with an experienced immigration attorney who can provide guidance on their eligibility and assist them with the application process.