O-1.

 

The O-1 is a non-immigrant visa/ status that allows one to work in the United States. It does require a petitioner (meaning a sponsor), which can be an employer or an agent. One cannot self-petition, however applicants can have a company they fully own, petition for an O-1 (under certain circumstances the owner and the company are treated as separate legal entities). The O-1 requires an applicant to satisfy three (3) criteria, unless the applicant has won a major award:

• O-1A- for applicants in the sciences, education, business, or athletics
• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• Membership in associations in the field that require outstanding achievements of their members
• Published material in professional or major trade publications or major media about the applicant, related to the applicant’s work
• Applicant’s judging the work of others in the same field
• Applicant’s original scientific, scholarly, or business-related contributions of major significance in the field
• Authorship of scholarly articles by applicant in the field, in professional journals, or other major media
• Performance in a critical or essential capacity for organizations and establishments that have a distinguished reputation
• Command of a high salary or other significantly high remuneration compared to others in the field

The O-1A provides a great option for J-1 physicians who have not yet secured a waiver of the two-year home residency requirement.

• O-1B- for applicants in the arts or motion picture or television industry;
• Applicant has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation
• Applicant has achieved national or international recognition for achievements
• Applicant has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation
• Applicant has a record of major commercial or critically acclaimed successes (rating, box office receipts, motion pictures or television ratings, media attention etc.)
• Applicant has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged ( testimonials from experts in the applicant’s field)
• Command of a high salary or other significantly high remuneration compared to others in the field

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Radu C. Vasilescu