A T T O R N E Y C A R L S H U S T E R M A N

W W W . S H U S T E R M A N . C O M

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O Visas for Persons of Extraordinary Ability

Fields of Extraordinary Ability

Science

Education

Business

Athletics

Arts

Motion Pictures

Television

Job Offer in US Required

Employer Must File I-129 Petition

Include Letter from Peer Group

Must Prove Person is Extraordinary

Initial O Visa is Valid for 3 Years

One-Year Extensions

No Numerical Cap

No Prevailing Wage Requirement

How to Prove Extraordinary AbilityScience, Education, Business, Athletics

Receipt of Major Prize (Nobel, etc.)

Or at least 3 of the following 8 Criteria:1) Receipt of nationally recognized prize;

2) Membership in organizations which require outstanding achievements;

3) Published material in major trade publications or in major media;

4) Original scientific, scholarly, or business-related contributions of major significance;

How to Prove Extraordinary AbilityScience, Education, Business, Athletics

5) Authorship of Scholarly Articles in Professional Journals or in Major Media;

6) High Salary;

7) Participation in a Panel or Individually, Judging Work of Other in Same Filed; or

8) Employment in a Critical or Essential Capacity for Organizations and Establishments that have a Distinguished Reputation.

Proving Extraordinary AbilityArts, Motion Picture, Television

Employer/Agent must submit Form I-129

Advisory Opinion Letter from Peer Group

Winner of Nominee for Oscar, Emmy, Grammy, Directors’ Guide Award or meet 3 of the following criteria:

1) Has performed, or will perform, services as a lead participant in productions which have a distinguished reputation

Proving Extraordinary AbilityArts, Motion Picture, Television

2) National recognition for achievements as

evidenced by articles in major publications

3) Major commercial or critically-acclaimed

successes;

4) Testimonials from experts in the field;

5) High salary.

O-2 and O-3 Visas

O-2 Visas for Essential Support Personnel for an Artist or an Athlete:

1) Services must be essential to a successful performance by the O-1 visa holder; and

2) Services cannot be readily performed by a US worker.

O-3 Visas for Spouses and Children of O-1 Visa Holder

O-1 to Green Card

Persons of Extraordinary Ability may qualify for Green Cards under the Employment-Based 1st

Preference Category (EB-1)

The USCIS holds EB-1 applicants to a higher standard than applicants for O-1 visas

You can either be sponsored by your employer or you can self-petition

More Information about O Visas

Under the Temporary Visa category of www.shusterman.com

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