O-1 Visa for Aliens with Extraordinary Abilities
O-1 visa is available to aliens of extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim. O-1 visa holders are not required to maintain foreign residence abroad. They are allowed to have double intent, meaning they are permitted to apply for lawful permanent residency (green card) while in O-1 status.
How We Can Help: Before becoming a lawyer, firm’s managing attorney, Anna Valentini, Esq. studied art at a major European university. Her substantial training in art puts her in a unique position to present your artistic achievements to USCIS in a way that educates an adjudicating officer about your field while highlighting your significance in it.
Schedule a consultation with O-1 Immigration Lawyer Valentini Law Offices, PLLC phone: (212) 213-8275 61 Broadway, Suite 2505, New York 10006 (By appointment only)
Does my field qualify for O-1 visa?
To have a definite answer, you should consult and experienced immigration attorney, but we’ve successfully represented scientists, university professors, photographers, graphic designers, visual performers (VJs), actors, dancers, choreographers, singers, musicians, conductors, and painters and other artists in applying for O-1 visas.
How long can I stay in the US on an O-1 visa?
O-1 visa is issued for a maximum of 3 years, but there is absolutely no overall time limit on extensions (unlike H-1B visas where overall time limit is 6 years).
Can my family accompany me in the US if I qualify for an O-1 visa?
Yes, your spouse and children under 21 years old are welcome to accompany you in the US. They will be granted O-3 visas.
What are the advantages of an O-1 visa?
1) O-1 visas, as opposed to H-1B visas, are not subject to numerical quotas.
2) There is no overall time limit on O-1 alien’s stay in the US (again, as opposed to time limits on H-1Bs and L-1s).
3) O-1 visa applications do not require labor condition certification or prevailing wage determination.
4) Compared to other employment-based visas, government fees for O-1s are very reasonable.
5) Processing times for O-1 visas are surprisingly short. We are proud to report that we’ve had many O-1 cases approved by USCIS in under 2 weeks.
Case Studies:
Mihail
Mikhail, a VJ (visual performance artist) retained our services when his field was still very new and cutting edge. It was a challenging task to convince USCIS that not only such field exists, but that it also constitutes an independent form of alternative urban performance art. Mihail continues to enjoy life in the US in O-1 status and, while still remaining an important part of New York Metro area visual arts scene, he has also successfully branched out into videography and graphic design.
Diana
Diana is a photographer from the Caribbean. She was in a very stressful situation when she first contacted us: her 6 years in an H-1B status were about to run out. Diana was also very concerned about her daughter’s well-being: Diana felt that since her daughter spent most of her life in the US, a sudden move to a small Caribbean island would disrupt her daughter’s educational progress and traumatize her. Diana consulted her employer’s in-house attorney as well as numerous immigration lawyers in private practice, but was advised that there are no options for her since her employer did not file a timely application for her green card. Diana was surprised when we suggested helping her to apply for O-1 artist visa. Diana’s O-1 application was approved in 2 weeks. Diana and her daughter continue to live in New Jersey where Diana is gainfully employed and her daughter takes advantage of a wonderful school system.
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