Non-Immigrant Temporary worker visa Miami: O Visa
What is the O-Visa?
The O-Visa is a Nonimmigrant Visa which allows for those from a foreign country that have brilliant skills in the fields of arts, business, education, science, or sports, or for those who have received rewards for outstanding work and achievement in the television industry or motion pictures nationally or internationally.
O-1A Visa is only for those professionals with outstanding skills in business, education, science and sport (this visa does not include arts, television industry or motion pictures). For qualification of this visa the petitioner must demonstrate that they have a sustained nationally or internationally recognition and with the purpose of coming to the United States temporarily to continue working on their specialty.
Individuals with extraordinary skills are referred to as having a high level of quality and expertise where only a really small percentage of the people in the same profession will be able to reach that level.
O-1B Visa is for those professionals with extraordinary ability in art or with incredible achievements in motion pictures or in the television industry. Evidence for this visa will have to be shown for approval such as an Emmy, Academy Award, Directors Guild Award or a Grammy, or a minimum of three out of the followings options:
- Has performed or starred in a production or even which has been critically reviewed and gained a distinguishable reputation as well as public releases or advertisements
- Gained international recognition proved by critic reviews, newspapers, magazines, or other large publications by or about the petitioner reaching a vast amount of people in the United States
- Proof or major successes and accomplishments that have been recognized and can be easily proven by ratings, titles, and other achievements reported in newspapers or other publicly released works
- Proof of a high revenue or net worth for artistic works in comparison to others in the field. This can be proven through contracts or other reliable documents.
O-2 Visa is for specific personnel that will be assisting the artist or athlete on a specific performance or event. If the petitioner of a O-2 visa will be attending to an individual of a O-1A the O-2 petitioner must be an essential part of the O-1A petitioner’s activity, or if the O-2 petitioner will be attending a O-1B petitioner the individual requesting the O-2 visa is because they are an essential help for the completion of the O-2B production. The O-2 visa petitioner has to have extraordinary skills that would be ready to be performed in the United States for the event or performance to be successful.
Family Members of the O-1 and O-2 petitioner
Family members of a petitioner of the O-1 or O-2 visa will be able to accompany them on the event or performance that they will be attending in the United States by requesting the O-3 Visa. In this case family members are referred to as the spouse or any unmarried children under the age of 21.
Process of the Non-Immigrant Temporary Worker visa Application
Petitioner of this visa will have to file a I-129 form, Petition for Nonimmigrant worker with the USCIS office. This petition will have to be requested with a minimum of 45 days before the date of employment to prevent a delay but it may not be filed more than one year before the prospective date of employment. The I-129 form will have to be submitted with the following documentation:
A written counseling opinion from a group of peers or someone nominated by the group of the expertise in the beneficiary’s area of ability.
- Exception of the Consultation Requirement
The petitioner will have to demonstrate that if an appropriate group of peer does not exist, then it will have to be based on the record evidence that the petitioner will be able to show.
Full explanation of the events or activity, the starting and culmination dates of the events or activities, and a copy of all the itineraries of events or activities.
A United States agent will have to be the actual employer of the petitioner, the representative of both parties or a person authorized by the employer to act for it.
Time of Stay with an O-Visa
The O-Visa will be given for a time period of three years. A time extension of this visa will be approved for an extra year depending if the USCIS office determines that it is necessary to successfully accomplish the initial event.
What Immigration Lawyers Miami can do to help
Immigration Lawyers Miami are a carefully chosen team of lawyers with the skills and insight needed to help lead the way. Immigration law can be somewhat difficult to understand and stressful to deal with without proper guidance and explanations. We hold a commitment to provide exceptional service and help the diversity in our community continue growing. Let us help you expedite these processes as time efficiently as possible. To learn more about how we can help, feel free to contact us through one of our online representatives or visit our office for more information.