O Visas for Aliens of Extraordinary Ability
See articles relating to the O Visa
Introduction to the O Visa
The O visa category is for highly talented or acclaimed foreign
nationals who may not qualify in other work-related nonimmigrant
categories such as H, L, or J, or for those who wish to avoid those
classifications for various reasons. It is especially useful to artists,
athletes, entertainers, professional chefs, and business people
without professional degrees. As an alternative to H-1B, it is
particularly relevant classification, because O status does not
have a wage maintenance feature nor a cap.
O-1 status is granted to the petitioned individual who is of
extraordinary ability or achievement. O-2 status is reserved
for foreign nationals seeking to accompany O-1 visa holders
in the areas of arts, motion picture and television productions,
and athletics.
The period of authorized stay for the O category is for such
time that is necessary to provide for the event(s), but no more
than three (3) years. Extensions to continue/complete the SAME
events/activities may be obtained for one year at a time.
Immigration Law Associates, PC is well-versed and experienced in
preparing O visa applications on behalf of highly talented and acclaimed
foreign nationals seeking to offer their talents and skills for employment
in the U.S.
Elements of O-1 Visas
Strategic O-1/O-2 Visa Concepts
Strategic O Visa Concepts are key ideas that can govern an employer
or foreign national's use of the O-1/O-2 nonimmigrant visa categories.
These ideas are also important considerations that may guide how
long an O-1/O-2 visa might be utilized and whether an employer and/
or prospective foreign employee might consider Permanent Residence
or perhaps another nonimmigrant visa category.
- Traditional management and booking agents might be subject to provide more explicit disclosures regarding applicable contractual arrangements.
- The State Department bars substitutions of all and any O-2 personnel, including those associated with motion picture and television productions.
- In general, a consultation from a labor union is required before an O petition may be adjudicated: regulations and statutes applying to the O and P visa categories with respect to the relationships between the performing arts and organized labor have yielded this particular requirement. Immigration Law Associates, PC has formidable experience with this particular issue. Please contact us for more information.
- The employer whose offer is the basis for the O status and the petitioner, if separate, are jointly and severally liable for the reasonable cost of return transportation of the O visa holder back to his/her home countryif the O status employment is terminated for reasons other than voluntary resignation.