O-1 And P-1 Temporary Visas For Individuals With Extraordinary Abilities
Individuals who possess extraordinary abilities in the sciences, arts, education, business, athletics or artists and entertainers may be eligible for special visas that are offered especially for individuals with extraordinary abilities. Our immigration attorneys at Wilson Law Group assist foreign nationals throughout the country and abroad petition for O-1 and P-1 visas.
What Is An O-1 Visa?
The O-1 visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. In addition, O-2 visa is for individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. O-3 visa is for spouse and children of O-1 and O-2 visa holders.
Who Is Eligible For The O-1 Visa?
The beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and be coming temporarily to the U.S. to continue work in the area of extraordinary ability. Our immigration attorneys are experienced in helping specialty employees and employees with extraordinary talents and abilities with employment-based and nonimmigrant visas.
Extraordinary Ability Defined
Extraordinary ability in the sciences, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor. Extraordinary ability in the field of arts means distinction. To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
How Long Is An O-1 Visa Valid?
An O-1 visa holder may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The initial period of validity is up to three years, and extensions are possible in one-year increments.
Can O-3 Dependents Work In The United States?
A derivative O-3 spouse or unmarried child may not work in the United States, although they may engage in full- or part-time study.
What Is A P Visa And What Is The Process To Apply?
A P visa is a temporary visa that allows certain athletes, entertainers and artists and their essential support personnel to enter the U.S. to work in their field.
P visas can only be approved after the relevant organization files a nonimmigrant petition with the U.S. Department of Homeland Security. The P visa applicant uses this approved petition to file for the P visa at the nearest U.S. consulate abroad. Spouses and children may enter on the P dependent visas. A P-1 visa petition requires evidence from a U.S. employer, sponsor, or agent that the beneficiary who seek to enter the U.S. for a specific athletic competition (individually or as part of a team,) at an internationally recognized level of performance.
A P-2 visa, also known as the Reciprocal Exchange Program visa, requires evidence from a U.S. employer, sponsor or agent that the beneficiary is an artist or entertainer who seeks to enter the U.S. to perform under a reciprocal exchange program between an organization in the USA and an organization abroad.
A P-3 visa, also known as the Culturally Unique Program visa, requires evidence from a U.S. employer, sponsor, or agent that the beneficiary is an artist or entertainer who seeks to enter the U.S. to teach, perform or coach in a culturally unique program that will further the understanding or development of the art form.
Call For A Free Consultation
At Wilson Law Group, our experienced immigration attorneys are dedicated to guiding you through the process of the O visa or a P visa and determining a strategy that is best for you or your organization. Please contact our office at 612-430-8022 or send an email to schedule a consultation.
