O-1B visa
This visa is for individuals with an extraordinary ability in the field of arts or extraordinary achievement in motion picture or television industry. From the inception itself, it is important to understand about the discrepancy in the language between the two standards: extraordinary ability for the arts and extraordinary achievement for motion picture/TV.
In the field of arts, extraordinary ability refers to distinction. To depict distinction, the applicant must show that they have a much greater level of skill and recognition than the majority of individuals in their respective field, indicating that they can be described as a leading or prominent individual in the arts.
For those in the motion picture or television industry, the standard is higher and the applicant should be prepared to show that he/she has reached a level of acclaim substantially above that of his/her peers. The person must be described as outstanding, notable or a leader in their field.
The US O visas can be issued fairly quickly and are granted for the length of time necessary for a particular event, which can go up to a maximum of three years, with unlimited extensions in one- year increments.
The O-1B visa secures the path to EB-1B Green Card option. The O-1B visa holder can eventually go for an adjustment of his status to EB-1B Green Card, by filing of the appropriate form.
This Green Card option is for academic scholars who can demonstrate international recognition for their outstanding achievements in a particular academic field.
Requirements for O-1B visa and EB-1B Green Card
- The applicant must have at least 3 years’ experience in teaching or research in that academic area.
- The applicant must be entering the United States in order to pursue teaching or to work at a comparable research position at a university or other institution of higher education.
- The applicant has to include documentation of at least two listed below and an offer of employment from the prospective U.S. employer. 1. Evidence of receipt of major prizes or awards for outstanding achievement.
2. Evidence of membership in associations that require their members to demonstrate outstanding achievement.
3. Evidence of published material in professional publications written by others about the alien's work in the academic field.
4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field.
5. Evidence of original scientific or scholarly research contributions in the field.
6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Benefits of O-1 visa and EB-1 Green Card
The visa holder is allowed to live and work in U.S. is also allowed to travel within and outside U.S.
O-1 visa is a dual intent visa, which means, O-1 visa holders can eventually apply for Green Card and obtain permanent residency under the EB-1 category.
The U.S. O visa is generally sought by non-immigrant workers, with extraordinary ability, who could not come under the annual H-1B quota. This is because the O visa is not restricted numerically by an annual quota.
U.S. O-1 status is positively different from other employment visas as it relates to various work categories.
Dependents and assistants of the main applicant, (spouse and children under 21 years) are also allowed to live in the U.S.
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