Who Is Eligible for An Extraordinary Ability Visa?

Who Is Eligible for An Extraordinary Ability Visa?

Many people from around the world wish to migrate to the United States. Getting an extraordinary ability immigrant visa is not easy. Most visa applications require one to have a petitioner – meaning a person or entity that has a legal relationship with the intending immigrant that makes the foreign national eligible to apply for the visa. 

At Vestal Immigration Law, we help clients like this in the Charlotte area and can help you, too, if you meet the following criteria:

Eligibility for Extraordinary Ability Visa

The O-1 nonimmigrant visa is for the person who has extraordinary ability in the arts, sciences, business, education, or athletics, or has a proven record of extraordinary achievement in the television or motion picture industry and has been recognized nationally or internationally for these achievements.

The O-1 visa is classified into several subcategories as follows:

• O-1A: Someone with an extraordinary ability in the sciences, education, business, or athletics, but excluding the motion pictures, the arts, or television industry
• O-1B: Someone with extraordinary ability in the arts or extraordinary accomplishment in the television or motion picture industry
• O-2: An assistant accompanying an O-1 artist or athlete to assist in a specific performance or even; and
• O-3: A spouse or child of O-1 and O-2 visa holders.

To qualify for an O-1 visa, one must demonstrate extraordinary ability by “sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry and must be coming temporarily to the United States to continue work in the area of extraordinary ability.” INA 101(a)(15)(O)(i). 

Extraordinary ability in the fields of education, science, education, or athletics means having a level of expertise showing that you are one of the small percentage in the field who have climbed to the very top of the field.

At Vestal Immigration Law, we have helped individuals with obtain his or her O-1 extraordinary ability visa for years. Our legal team will assess your information and documents to determine whether you are eligible to apply for a visa for extraordinary ability. Even when the evidence is not present when we assess your case, we can help you in identifying what additional evidence you will need to gather to make the application package complete and with all the required evidence for approval.

Extraordinary ability in all these other subcategories follows the general pattern in that you must demonstrate that your ability or abilities are unique and that very few people in your field have those skills or expertise. The evidentiary standard for extraordinary ability individuals is extremely high and complex. If you believe you are one-of-a-kind in your field and you have the accomplishments to back it up, you may be eligible to come to the United States to complete your next employment itinerary! 

Discuss Your Options with a North Carolina Immigration Attorney

If you believe you have what it takes to apply for an extraordinary ability visa or if you want us to evaluate your eligibility, contact Vestal Immigration law for a consultation. We are ready to assist you.