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Need help with an O1A Visa?
The O1A visa is a non-immigrant visa granted to individuals with exceptional abilities in science, the arts, education, business, or athletics. This visa allows them to work temporarily in the United States for up to three years, with the option to extend it for an additional three years. Moreover, this visa is issued to individuals who have received international recognition for their achievements and are coming to the United States to continue their work in their respective domains.
Eligibility Requirements to Obtain O1A Visa
To qualify for the O1A visa, the applicant must exhibit exceptional knowledge in their expertise. It can be accomplished by furnishing proof of international or national recognition for their accomplishments. Some examples of evidence comprise:
- Membership in a professional association that needs outstanding accomplishments
- Receipt of a major internationally acknowledged recognition, such as a Nobel Prize
- Printed material in professional or major trade publications or significant media
- Proof of the applicant's original contributions to their domain
- Evidence of high salary or pay concerning others in the field.
- Evidence of the applicant's performance in a leading or essential role for outstanding organizations
Documents Required for an O1A Visa
The following documents are needed when applying for an O1A visa:
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Evidence of Extraordinary Ability
This can comprise proof of publications, awards, memberships in professional associations, and other forms of recognition in the field.
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Form I-129
This form is the petition for nonimmigrant employees, which the U.S. employer files on behalf of the applicant.
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Employment Contract
This is an agreement between the U.S. employer and the applicant summarizing employment terms and conditions.
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Itinerary
This is an elaborate plan of the applicant's activities in the United States.
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Education and Experience
This includes documentation of the applicant's education and work experience in the field.
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Letters of Recommendation
These letters should come from professionals who can attest to the applicant's extraordinary capability.
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Passport
A valid passport is needed to get an O1A visa.
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Applicability of an O1A Visa
The O1A visa applies to people with an extraordinary education, science, business, arts, or athletic capabilities. This visa is designed for those people who have gained international acclaim in their respective domains and are coming to the United States to continue their work.
How to Apply for O1A Visa
To apply for the O1A visa, the applicant must present a petition to the U.S. Citizenship and Immigration Services (USCIS). The petition must comprise proof of the applicant's extraordinary ability, including:
- Documentation of the applicant's achievements, such as awards, publications, and media coverage
- A written advisory opinion from a peer group or an expert in the applicant's domain
- A detailed explanation of the applicant's submitted work in the United States
- A job offer from a U.S. employer
Importance of O1A Visa
The O1A visa has several advantages over other types of visas:
- The O1A visa does not mandate the applicant to have a specific job offer in the United States, which indicates they can work for multiple employers.
- It allows the applicant to work in the United States for up to three years, with the chance to extend it for an additional three years.
- The O1A visa allows the applicant to bring their partner and kids under 21 to the United States on O3 visas, allowing them to study in the United States but not to work.
Key Terms for O1A Visa
- Petitioner: The employer or agent who files the O1A visa application on behalf of the beneficiary.
- Advisory Opinion: A written opinion from a peer group, labor organization, or management organization regarding the beneficiary's extraordinary ability.
- Beneficiary: The foreign national seeking an O1A visa to enter the United States for work or employment.
- Premium Processing: A service offered by USCIS that expedites the processing of certain employment-based petitions, including the O1A visa.
- Evidence: Documents, records, or other materials supporting the beneficiary's extraordinary ability claim.
Final Thoughts on O1A Visa
The O1A visa is an excellent alternative for people with extraordinary capabilities in arts, science, education, business, or athletics who wish to work temporarily in the United States. While the application process can be lengthy and complicated, the benefits of the O1A visa make it a worthwhile option to explore. Hence if you think you may qualify for the O1A visa, it is important to consult with an experienced immigration attorney who can guide you through the application process and help you accomplish your goals.
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Meet some of our O1A Visa Lawyers
O.T. W.
Hi, my name is O.T. and I own The Walker Collective, a law firm that caters to the contractual, intellectual property, and business formation needs of creative entrepreneurs and small business owners. I am licensed to practice in Maryland and New York.
Amber M.
I'm a contracts attorney focusing on dentists, doctors, and other health care professionals with 8 years of experience.
Kendall C.
Kendall is a data privacy attorney by trade, and is an active member of the Bar in Texas and Georgia. In litigation, he handled thousands of cases to final disposition in litigation throughout the United States, Latin America, & Europe. As corporate counsel, he guides companies through the marketing and advertising industry and, by extension, many other industries. Further, Kendall is an adherent to the Ben Hogan school of swing thought and, by natural extension, is a proponent of accurate wedge play through residential neighborhoods. He occasionally aspires to a career in turf management.
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Alex F.
I am a small business attorney licensed to practice in Colorado and Texas. I focus on commercial lending and outside general counsel services.
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Debra G.
I have been a business and real estate attorney for 38 years. I handle both transactional and litigation matters.
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Thomas L.
I am a Lawyer/CPA/Technology Startup Advisor/Executive with experience in global corporate law and finance, startup finance, accounting, technology, and business operations with a focus on startups of all kinds and non-profits. I have worked at a large international finance law firm, one of the Big Four Accounting firms, technology startups and non-profits. I help startups and non-profits get organized, get funded, and get going. I've seen all the mistakes made (often more than once), and so I can help you learn from, rather than repeat, history. I know all the insider rules, so you end up getting a fair start and a fair deal, rather than getting taken advantage of (whether an entrepreneur or an investor). My expertise includes: - organization of corporations | organizations of llcs | non-profits and dealing with the IRS - splitting equity | founder structure | founder equity | founder disputes - startup valuation | pitch decks and forecasts | raising capital | finding angel investors, accelerators and venture investors - SAFEs | convertible notes | preferred stock | restricted stock | stock options | 409A - Advisors - setting up cyber-secure business operations - trademarks | patents | intellectual property - employment law - cyber liability and ecommerce including privacy policies and terms of service - accounting and tax - litigation management References: https://www.upcounsel.com/profile/tjlovejr#reviews LION: LinkedIn Open Networker / connect with me at tlove@tjlovejr.com
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Janelle L.
I am a New York attorney with 10 years as a licensed attorney and over 7 years of experience working with technology companies in the startup global ecosystem. I have direct experience advising global startups on the legal, regulatory, technology and policy issues that affect their business and competitive strategy. I am a multifaceted, globally-minded Attorney and Business Strategist who is changing the perspective of the law in business from a reactive need to a proactive tool. My legal & business strategic skill-set provides robust, forward-thinking, and solution-oriented legal services in the following areas: Drafting, Reviewing, and Negotiating (Redlining) various commercial contracts and licensing agreements; Drafting and Reviewing Employment Contracts; Contract Management using Contract Management Software; Influencer Marketing Intellectual Property Law (excluding Patent law); and Data Privacy such as GDPR, CCPA/CPRA, LGPD, and HIPAA; and Cybersecurity Law, including creating privacy by design frameworks. NOTABLE ACHIEVEMENTS: Recently achieved certifications in Ironclad Contract Management Software/Lifecycle Management, specifically: Contract Owner; Core Administration; Procurement Workflow; Sales Workflow; and Clickwrap Core Administration; Contributed to the creation of new jurisprudence in international administrative and international employment law; Drove high level contract negotiations in an international capacity where I achieved positive results for my client; and Achieved competency in Business Strategy, Business Growth Strategy, Strategic Planning and Execution, and Advanced Competitive Strategy, resulting in the publication of my legal based business strategic frameworks by leading marketplace for best business practices.
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