O-1 Visa Attorney

O1 Visas are nonimmigrant visas for individuals who have been recognized nationally or internationally for their distinguished reputation and have either extraordinary ability in the sciences, business, education, arts, or athletics, or extraordinary achievements in motion pictures or television. If your company needs to bring someone with extraordinary ability into the United States for work, consider consulting with an O-1 visa attorney who can help navigate the complex requirements and streamline the application process.

What is an O-1 Visa?

O1 Visas are for individuals who have been recognized nationally or internationally and have extraordinary ability in

• the sciences
• business
• education
• arts
• athletics
• or extraordinary achievements in motion pictures or television.

Who is the O1 Visa for?

A few examples of positions that may be eligible for an O-1 Visa include:

O1A (Science, Business, Education, Athletics)

• Research Scientist
• University Professor
• AI/Machine Learning Engineer
• Biotechnology Specialist
• Aerospace Engineer
• Data Scientist
• Professional Athlete (e.g., NBA player, Olympian)
• Business Executive or Entrepreneur

O1B (Arts, Motion Picture, Television)

• Award-Winning Actor or Actress
• Professional Musician or Singer
• Renowned Fashion Designer
• Film Director or Cinematographer
• Choreographer or Professional Dancer
• Celebrity Chef
• Fine Artist or Sculptor
• Theatrical Performer

These are just a few examples—anyone who has risen to the top of their field and can prove sustained acclaim may qualify.

O1 Visa Eligibility Criteria

To qualify for an O1 visa, the applicant must be able to demonstrate that he or she has received sustained national or international acclaim and is seeking entry into the United States to work in the same field for which the critical acclaim was achieved.

In the sciences, business, education, and athletic fields, this means that the person can demonstrate extraordinary ability and is at the very top of the profession.

In the arts, the person must have achieved distinction, which means he or she is a leading figure or person of renown in the field. Applicants for an O1 visa for television or motion pictures must be able to show that they are leading or notable persons in the field.

Recommended read: O-1 Benefits

Are You Qualified for an O1 Visa?

To prove eligibility for an O1 Visa, you must present evidence of sustained acclaim through either:

1. A qualifying award (or nomination, if applicable), or
2. At least three forms of alternate evidence as specified in regulations.
   1. Evidence of a major internationally recognized award or prize.
   2. Significant contributions in the field.
   3. Authorship of scholarly articles.
   4. Recognition from professional associations.
   5. Employment in a critical or essential role.
   6. High salary or remuneration.
   7. Participation in judging the work of others.
   8. Commercial success in the performing arts.

Requirements for O-1 Visas

Whether you are applying for an O-1A or an O-1B visa, you need to showcase strong evidence for your case to receive approval.

However, meeting these evidentiary criteria alone does not guarantee approval. U.S. Citizenship and Immigration Services officers make a final determination based on all submitted evidence.

Looking for legal support to fulfil O-1 visa requirements? Our specialized O-1 visa lawyers can help you understand and meet the stringent requirements for demonstrating extraordinary ability. 

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Why Choose Pollak Travel Nation Law Firm for Your O1 Visa Application

At Pollak Travel Nation, we provide expert legal support tailored to your needs throughout the O1 Visa process. Here’s how we can help:

1. Personalized Legal Guidance

We offer tailored strategies to address your unique situation and career goals. Our experienced immigration lawyers have over a decade of experience handling O1 Visa cases and a proven track record of success. Most importantly, we offer a personalized approach and take the time to understand your unique situation and goals. Notably, we can help with comparable evidence that may be submitted to establish your O-1 visa eligibility.

2. Expert Application Preparation

Our team provides full preparation and filing of the O1 petition, ensuring compliance with USCIS requirements.

3. Employer Support and Compliance

Pollak Travel Nation guides employers on their role in the process, including necessary evidence to support the employee’s extraordinary ability. Our lawyers are responsive to your questions and able to keep you updated about your case.

4. Handling Requests for Evidence (RFE)

Management of RFEs to ensure a timely and complete response to USCIS requests.

5. Ongoing Legal Support

Continuous support throughout the process, including assistance with extensions, renewals, and adjustments to status.

Recommended read: Choose the best immigration lawyer

O-1 Visa Application Process

1. An employer files Form I-129 along with a written advisory opinion from an industry peer group or labor union.

   • If an O-1 Visa is sought for someone in motion pictures or television, a written advisory opinion must be obtained from a management organization and an appropriate labor union.

2. A copy of the contract between the employer and the O-1 visa beneficiary must be filed. If the contract is oral, a summation of the terms must be filed.

3. An itinerary must be filed, including an explanation of the nature of events the visa beneficiary will participate in and their beginning and ending dates.

4. Once your O-1 visa lawyers file all the information and documents, USCIS will decide on the application. Due to the O-1 visa processing time, everything needs to be filed at least 45 days before entry into the United States is sought.

5. A qualified O-1 visa attorney can help make sure that all of your documents and evidence are submitted according to the regulations and deadlines.

O-1 Processing Time

On average, the O-1 processing time is between 3 to 4 months for the application to process. Because the I-129 petition’s processing time is dependent on the service center that is responsible for processing it, determining the exact amount of time to expect can be difficult.

Premium Processing

If you are pressed for time and have a need to expedite your O-1 processing time, then opting for this service may be a good option. This feature, for a fee of $2,805, will obligate the USCIS to process your petition in 15 calendar days or less. If it is not processed in this amount of time, the USCIS will refund your fee.

Make sure that you consult with your O-1 visa attorney before opting for premium processing to learn if this is an option that is appropriate for your situation.

O-1 Visa Fees

• At Pollak Travel Nation law firm, our attorney fees are $5,500. This does not cover mandatory USCIS filing fees associated with the application.
• I-129, Petition for a Nonimmigrant Worker: $1,055
  • If you are filing as a Small Employer or Nonprofit: $530 plus additional fees
• Asylum fees
  • $600 for regular employers
  • $0 for nonprofits
  • $300 for small employers
• Premium processing (optiommal): $2,805

O-1 Visa Sponsor

There are typically two types of O-1 visa sponsors–an agent and an employer.

• An employer, as you may assume, is a company or person that the applicant will be working or providing services to.
• An agent, on the other hand, is hired to represent the applicant’s skills and find them suitable work.

There are three important components a sponsor will need to provide on behalf of the applicant, and they are as follows:

• Information such as name, address, tax ID number, gross income, net income, number of employees, etc.
• A signed petition requesting work status for the individual
• Good faith to work with them in the manner suggested.

Family Members of O-1 Visa Holders

To bring your spouse and children under 21, you can apply for an O-3 nonimmigrant visa, which provides eligible family members the same period of admission, but they will need to secure separate work authorization. Family members may not work in the United States under an O-3 classification, but they may participate in full-time or part-time study on an O-3 visa.