Unpacking The US Immigrant Visa Process For Persons Of Extraordinary Ability

The United States is an attractive destination for many people looking to immigrate for a variety of reasons. For those with extraordinary abilities, there are several specialized visas that can help you achieve your immigration goals. O-1 visa, EB-1A and EB-1C visas are three of the most common options for those wishing to immigrate to the US on the basis of exceptional talent or expertise. In this blog post, we’ll discuss the requirements for each of these visas and how they can help you make your move to the US.

What is an O-1 Visa?

In order to qualify for an O-1 temporary visa, the individual must possess extraordinary ability in the arts, sciences, or athletics. The O-1 visa is divided into two categories: O-1A for sciences, athletics, and business, and O-1B for artists. The requirement for both is to demonstrate “extraordinary ability,” although the definition of this differs slightly between the two.

An employer or agent sponsor is necessary to file for an O-1, as self-petitioning is not an option. Additionally, an advisory opinion from a trade or consulting organization, peer group, or several expert letters must be provided. This is to prove that the individual has reached the highest level in their field.

How Can I Qualify for an O-1A Visa?

In order to qualify for an O-1A visa, an individual must demonstrate extraordinary ability in the fields of science, athletics, or business. This is determined in the same way as it is for an EB-1A visa. The individual must either have achieved something of an Olympic Medal or Nobel Prize caliber, or must meet at least three of the following criteria:

• Having received awards for excellence in the field

• Being a member of an association in the field

• Having published materials about themselves in professional or major trade publications

• Having served as a judge for the work of others, making contributions of major significance in the field

• Having authored scholarly articles in the field

• Performing critical or essential roles for a distinguished organization, or

• Commanding a high salary compared to others in the field.

How Can I Qualify For an O-1B Visa?

For O-1B purposes, extraordinary ability in the arts is defined as “distinction.” This can be demonstrated by winning a major award such as an Academy Award, Emmy, or Director’s Guild Award, or by providing evidence of at least three of the following:

• Performing as a lead or starring participant in productions or events with a distinguished reputation

• Performing a lead, starring, or critical role for organizations with a distinguished reputation

• Achieving national or international recognition for achievements

• Having a record of major commercial or critically acclaimed successes

• Receiving significant recognition for achievements from distinguished sources, or

• Receiving a high salary or other substantial remuneration for services.

If the above standards do not apply to the petitioner’s occupation, comparable evidence may be submitted in order to establish eligibility, although this is not applicable to the motion picture or television industry.

O-1 Visa is a temporary nonimmigrant visa which allows you to stay in the U.S. for a limited period of time. If you want to reside and work in the US permanently, you should look into EB-1A and EB-1C green card options.

What is an EB-1A Visa?

The EB-1A visa is for those with extraordinary abilities. To qualify, you must be able to show you have extraordinary achievements in the sciences, arts, education, business, or athletics. This is demonstrated through sustained national or international acclaim. When petitioning for the visa, you must meet three out of ten criteria, or provide evidence of an achievement such as an Oscar, Nobel Prize, Olympic medal, or an award of equivalent nature.

The ten EB-1A criteria are:

1. Recognition for excellence

2. Original contributions to your field

3. Published material about your excellence

4. Authorship

5. commercial success in the performing arts

6. Judging the work of others

7. Artistic exhibitions

8. Membership in a distinguished organization

9. A leading role in a distinguished organization, and

10. Significant salary for your field.

Although you don’t need an employment offer for the EB-1A green card, you must show you will be working in your field of expertise in the US. If you don’t meet the EB-1A requirements, but have evidence of equal comparison, you can submit your evidence when you file for your EB-1A visa.

What is an EB-1C Visa?

EB-1C visas are part of the first preference employment-based visas and are designed for international managers or executives. To be eligible, you need to have worked for a company abroad that has a connection with a business in the US, or you must already be employed in the US. Of the 40,000 visas that make up the EB-1 visa type, the majority of them are EB-1C visas. Although it is a popular choice, it is a complex process with a lot of paperwork and specific timelines and filing procedures that need to be followed.

The United States Citizenship and Immigration Services (USCIS) defines an executive as a person who leads and manages a company on a large scale. Executives must be able to make decisions without a supervisor and direct a team of managers. Meanwhile, a manager is someone who supervises a team of employees, oversees their tasks, and manages their salaries and employment (hiring and firing). An EB-1C visa calls for the U.S. employer to be a branch, affiliate, or subsidiary of the company that the applicant works for abroad, and be doing business with the United States.

In order to qualify for an EB-1C visa, you must meet certain criteria as mandated by the USCIS. These include:

• Being employed outside of the United States for at least one year in the three years preceding the visa petition, or

• Already having the most recent nonimmigrant admission if already employed by the U.S. employer.

• Additionally, you must be hired for a managerial or executive position, and if you previously worked abroad, that job must have been in a managerial or executive capacity.

The U.S. employer who is petitioning for you is the petitioner, with you as the beneficiary. For them to be eligible to petition for you, they must meet the following requirements:

1. Have been doing business in the United States for at least one year

2. Have a professional and credible relationship with the company or business you are involved with outside of the United States, and

3. They must intend to employ you in a managerial or executive role in the United States.