The O visa category covers individuals of extraordinary ability in the sciences, arts, education, business, or athletics. O-1A visas are for individuals who have extraordinary ability in Science, Education, Business or Athletics. O-1B visas are for individuals who have extraordinary ability in the Motion Picture and Television industry. Visas are available to the O-1 visa holder's support staff (O-2), as well as for the O-1 visa holder's spouse and children (O-3). There is currently no annual cap on O visas. The O visa is a "dual intent" visa, meaning that a visa will not be denied simply because an individual has intentions of becoming a Permanent Resident.

The O-1A category applies to individuals who have extraordinary ability in the sciences, education, business, or athletics which has been demonstrated by sustained national or international acclaim. The individual must be coming to the U.S. to work in his or her area of extraordinary ability or achievement.

An individual cannot apply for an O visa in his or her own name. A U.S. Employer or U.S. agent, manager, concert venue, or other sponsor must file the Petition.

The O-1B category applies to individuals who have demonstrated record of extraordinary achievement in the motion picture or television industry. The individual must be coming to the U.S. to work in his or her area of extraordinary ability or achievement.

An individual cannot apply for an O visa in his or her own name. A U.S. Employer or U.S. agent, manager, concert venue, or other sponsor must file the Petition.

The O-2 category is for person accompanying and assisting an O-1 artist or athlete in the artistic or athletic performance or event. This person must demonstrate that he/she is an integral part of the actual performance. In addition, the person must demonstrate that he/she has critical skills and experience with the O-1 that are not of a general nature and which cannot be performed by a U.S. worker.

For motion picture or TV productions, the person must have skills and experience which are not general, which are critical, and which are based on a pre-existing long-standing working relationship. In the case of a specific production, a long-standing relationship is not necessary where there is significant pre- or post-production work that will take place inside and outside the U.S. and the person's presence is needed for successful completion.

Please be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection ("CBP") has authority to deny admission at the port of entry to any applicant who is inadmissible under Immigration & Nationality Act, even if the applicant has a visa! Also, the CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, CBP officials issue Form I-94, Record of Arrival-Departure, which will indicate the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.

If you or your company, institution, or organization has a current or anticipated immigration matter, and would like to schedule a consultation or receive a fee quotation, please click here or call our office at (602) 678-2970.