An O-Visa allows you to enter and work in the United States to engage in enriching work such as pursuing scientific research, filming a movie, or performing in a play or concert. This application process can sometimes be complicated and require you to submit special documentation and evidence proving you have abilities the government considers extraordinary. Missing important deadlines to send these materials in or leaving out the correct proof could cause the government to deny your application and delay your plans and your employer’s plans.
Working with an experienced Boston O-Visa lawyer could help you prepare for a smooth application process and arm yourself with an advocate to make decisive arguments on your behalf. Our law firm supports people from all backgrounds and countries as they move through their journey in a shrinking world. Our visa attorneys have extensive knowledge of the complex rules involved in applying for, securing, and keeping a temporary work visa.
There is no doubt that Boston is an ideal location to innovate and perform in the United States. The world-class universities throughout New England, and the high quality of the region’s employers, ensure a steady flow of talented and accomplished thinkers who come to enrich our local culture and regional economy. Our skilled visa attorneys at Gorton Law look forward to learning about you and the accomplishments that have led you to considering an O-1 Visa.
The U.S. government gives people several options for applying for authorization to visit this country on a temporary or nonimmigrant basis. As 8 United States Code § 1101(a)(15)(O) explains, one avenue for you to request permission to visit the U.S. is to show that you have extraordinary abilities, and you are coming to the United States work within your area of talent or extraordinary ability. For example, if you are an esteemed biochemist invited to participate in an exclusive study in Boston, one way to seek authorization for this visit is to work with an attorney to apply for an O-visa.
There are other types of visas where someone can ask to be a nonimmigrant in the U.S. to work; however, the O-visa goes a step beyond the ordinary requirements. To be eligible, you must have an exceptional job, reputation, or skills beyond what others in that field have. For example, instead of coming here to be in a movie, you may need to show that you have renowned skills in the acting arena and would like to stay here while you film what is expected to be a critically acclaimed feature.
“There are many powerful benefits to the O-1 visa compared to an H-1B or TN visa, to pick examples. First, there is no limit to the number of times an O-1 visa can be renewed. Second, there is no upper limit to the number of O-1 visas that can be issued in a year. Third, the process of qualifying for an O-1 can sometimes be a jumping-off point to certain categories for permanent residency.
In our practice, we believe in a strategy of correctly defining the specialized field, and properly demonstrating accomplishments and acclaim in that field. The O-1 visa pulls double-duty as a cultural and artistic program as well as a cutting-edge innovation program.” Jamie Gorton, Managing Attorney.
In exchange for its strict requirements, the O-1 visa comes with important benefits. It is a “dual intent” visa, which eases travel restrictions and allows the O-visa to serve as a status to remain in the United States while an application for permanent residency is pending. O-1 status can be granted up to three years at first, but can be renewed for an unlimited number of one-year extensions. Without a cap on the number of extensions, the O-1 compares nicely to the H-1 visa.
The distinguishing characteristic between the guidelines for this type of visa versus others is that the applicant (e.g., you) has unique or extraordinary talents or acclaim in a specified field (e.g., arts, science, mathematics, engineering, or technology). The purpose of your stay in the United States should also be related to these elevated abilities. An attorney in Boston could help you by clarifying the application criteria and helping you gather and submit the necessary paperwork to kickstart the process for your O-1 visa.
Qualification for this permission depends on the specific type of O-visa you are requesting and the subcategory of abilities or accomplishments you belong to. The government has four categories of O-visas, depending on the applicant’s specific circumstances. For example, someone applying for this document because of their abilities might seek an O-1A or O-1B visa with the help of a lawyer in Boston. Still, their agent or immediate family member might try to get an O-2 or O-3 visa.
According to the United States Citizenship and Immigration Services’ guidelines, if you have extraordinary abilities, your employer will file a petition on your behalf. In this document, the company you work for petitions the government to allow you to get a nonimmigrant visa.
Ideally, your employer would file this form within 45 days to one year before they require your presence here. This application packet includes the requested supporting documentation, such as proof of international awards, advisory opinions from your peers indicating that you have the extraordinary abilities you claim, and other evidence required by the regulations.
Going through the application process to work in the United States can be a humbling and, sometimes, frustrating experience. People are often disappointed to learn that there is no catch-all “work visa” and are surprised that visas like the O-1 visa require a specific and rigid process just to prove eligibility.
Collaborating with our team has many benefits, such as having dedicated advisors to answer your questions throughout the process and the use of secure and convenient technologies to make collaboration as simple as possible for clients throughout New England. Reach out to us today to schedule a consultation with a Boston O-Visa lawyer.
