The O-1 classification is divided into two sub categories, O-1A and O-1B. An O-1A Visa is for any person who has abilities that are extraordinary in education, sciences, athletics or business while the O-1B Visa is for that worker who has “extraordinary ability” in arts, motion pictures, and television industry. The worker must have a US business who plans to retain the worker in their field of “extraordinary ability”. The employer who is petitioning is expected to show 1) the worker has ability that are extraordinary, and 2) submit a consultation in writing.
Ability that is extraordinary in the O-1A petition is demonstrated by displaying “sustained international or national acclaim”. Continued or constant for national or international acclaim is an issue of meeting detailed standards set by US Immigration Law. Usually, the certification is to ascertain that the worker’s skill places them among the best in their field of endeavour.
In O2-1B petition is established by an exhibited record of extraordinary achievement in motion picture and/or television productions. A record of “extraordinary achievement” is similarly an issue of meeting essential principles set by US Immigration Law. Generally, the documentation is to determine that the worker has achieved a high level of accomplishment that has gained substantial gratitude.
Without the worker working in the field of entertainment, athletics and arts, and the provision has verified that a petition calls for prompt handling, a “written consultation” is needed. A conference is a consultative opinion in writing from a “peer group” andis provided by a peer group of the person’s capability in the field or those qualified organizations. For an example, the “American Guild of Variety Artists” (AGVA) might deliver an advisor opinion used in an appeal for a comedian doing stand-up or the US Professional Golf Association (USPGA) might require an advisory judgment used in a petition for a golf pro.
Role of Attorney in an O-1 Petition
Documenting ability that is extraordinary involves meeting criteria with proper documentation which a skilled O1 visa lawyer can evaluate. Additionally, if an inadequate or less than best written consultation is offered, the processing of the petition might be deferred or even denied. Those employers requesting to bring in the best as well as the brightest can’t allow any delays and would better be served if a professional attorney took care of the O-1 petition.