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The O-1 Extraordinary Abilities visa provides U.S. employers with the opportunity to hire foreign nationals with a high level of expertise in their field. Applicants are grouped into different categories according to their profession. Immigration laws have set strict eligibility criteria, but the O-1A visa can be especially challenging to obtain. The following guide offers an overview of this type of visa and what business owners should understand if they’re interested in employing someone who has risen to the top of their career.   

What Is an O-1A Visa?

All O-1 Extraordinary Abilities visas are temporary and can be initially approved for up to three years of work in the U.S. The O-1A visa is reserved for people who have demonstrated extraordinary abilities in business, education, athletics, or science. These abilities must be recognized on a national or international level.  

How Can You Qualify?

O-1 Extraordinary AbilitiesTo be eligible for this visa, the candidate will need to be able to demonstrate their extraordinary ability and accomplishments. Applicants can either show proof they’ve received a major award for their work — such as an Olympic gold medal or the Nobel Peace Prize — or provide evidence they meet a minimum of three other requirements. These include:

  • Membership in associations that require outstanding achievements
  • Media and published works about the applicant’s abilities
  • Articles the applicant has written for credible publications related to the field
  • Held a leading role in distinguished organizations within the profession
  • Earned a high salary for their work

What Does the Application Process Entail?

A U.S. employer must be the one to file for an O-1 Extraordinary Abilities visa on behalf of the potential employee. They’ll need to fill out Form I-129 and file it with U.S. Citizenship and Immigration Services (USCIS). 

The petition needs to be accompanied by a copy of the employment contract and an itinerary, as well as documents proving the extraordinary ability and an advisory letter from another expert in the field. The USCIS will review the application and send the employer a notification of approval or denial.

 

The immigration lawyers at LOIGICA® have years of experience helping U.S. employers and immigrants apply for visas. If you’re looking to hire a candidate who qualifies for an O-1 Extraordinary Abilities visa, they’ll guide you through the proper procedure to bring them over legally. Based in Miami, FL, they work with businesses nationwide to acquire international talent. Call (786) 292-9704 to set up a free consultation, or visit them online for more information on their services. 

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