Extraordinary Ability Visa Attorneys in Charlotte
O & P Visa Services for Clients Nationwide
Are you an entertainer, performer, athlete, or any other individual with extraordinary talent? The O & P nonimmigrant visas are designed for professionals and groups with exceptional abilities or artistic contributions. Both types of visas have several subcategories, and understanding the difference between each (and deciding which one is right for you) is impossible without years of training and experience.
Who Qualifies for O-1 Visa?
O-1 nonimmigrant visas are for those who have extraordinary ability in the disciplines of science, art, education, business, or athletics. It is also for those who have a record of extraordinary achievements in the motion picture or television industry with national or international acclaim. You must also be coming to the U.S. temporarily in order to continue working in your area of extraordinary ability.
If you have exceptional talent in science, education, business or sports, you must have a level of expertise that shows you are of a small percentage who have risen to the very top of the field. For artists and those in the motion picture industry, you must be distinguished by high level achievements and have great skill that you are prominent and well-known in the field of arts.
At Oakhurst Legal Group, we have an in-depth understanding of this niche area of immigration law. If you have talent, art, athletic skills, or exceptional professional abilities that deserve to be shared with the world, our Charlotte O & P visa attorneys have what it takes to turn that vision into a reality. Let us handle the legal hassles of this process so you can focus on your craft.
There are two primary types of P-1 visas: P-1A (for athletes) and P-1B (for performers in an entertainment group).
P-1A visa eligibility factors can include:
To discuss your case with a seasoned immigration attorney in Charlotte, reach out to our firm today by calling 704-243-8178
P-1B Visa Eligibility Requirements
Eligibility for this visa includes the following:
It is important that the group share international recognition and acclaim as a group, rather than just individually.
Our team at Oakhurst Legal Group can also help clients obtain P-1S visas, which are for essential support staff of P-1 visa holders. Essential support staff includes camera operators, lighting and sound technicians, stagehands, coaches, and front-office employees. These individuals must prove that the essential employment cannot be easily performed by a United States citizen.
Our Victories Speak for Themselves
O-1 visas are reserved for foreign nationals with extraordinary ability in the arts, athletics, sciences, education, and business. The international workforce benefits greatly from the flexibility and quickness of obtaining visas in the O category, which does have many of the limitations and complications that come with the H-1B visa program.
The two primary subcategories of the O-1 visa are:
We also help clients obtain O-2 visas (for essential support personnel of O-1A and O-1B visa holders) and O-3 visas (for the spouse and children of O-1 and O-2 visa holders).
Beginning in 2020, there will be more pressure on USCIS adjudication officers to heavily scrutinize petitions in all categories, including the O-1 visa. Choosing the correct O-1 category is vital, as is completing the application with zero errors and sufficient documentation. Our lawyers at Oakhurst Legal Group help clients apply for visas in the categories that have the highest possible chances of case approval.
O-1A: Athletics, Education, & Business
The O-1A visa is the category with the strictest eligibility requirements. These visas are reserved for individuals such as business executives, world-class athletes, and persons in academia. O-1A visas require copious amounts of evidence to prove that the beneficiary has experienced sustained international or national acclaim in their industry.
There are several categories for proof of sustained acclaim under the O-1A category, including receipt of a major award (e.g. Nobel Prize or Olympic medal), OR at least 3 of the following:
O-1B: Motion Picture, Television, & the Arts
Motion picture and television professionals include not only actors but also cinematographers, writers, directors, and other essential personnel. For motion pictures and television-based O-1B petitions, the beneficiary must already have a history of extraordinary achievement and proof of a degree of skill that is outstanding, leading, and/or notable compared to their peers.
O-1B visas applicants in the arts must prove the distinction of having skills substantially above what is typically encountered in their field. In addition, the applicant must be considered renowned, well known, or leading in their industry.
Generally, the O-1B visa has a less rigid eligibility standard than the O-1A visa. O-1A applicants are not able to take advantage of the O-1B visa requirements because the supporting evidence for their background simply would not fit in enough categories to obtain the visa, and the job title is not likely to be accepted by USCIS for the O-1B category.
The O-1B visa requirements include receipt of a major award that would be the equivalent to a world championship in athletics or a Grammy in music, OR at least 3 of the following: