Non-Immigrant Temporary Worker Visa Miami: O Visa

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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

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 recognized 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 tiny percentage of the people in the same profession will be able to reach that level.

O-1B Visa

O-1B Visa is for those professionals with extraordinary ability in art or with incredible achievements in motion pictures or the television industry. Evidence for this visa will have to be shown for approval such as an Emmy, Academy Award, Director's Guild Award or a Grammy, or a minimum of three out of the followings options:

  • Has performed or starred in production or even which has been critically reviewed and gained a distinguishable reputation as well as public releases or advertisements.
  • Increased 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 significant 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

O-2 Visa is for specific personnel that will be assisting the artist or athlete on specific performance or event. If the petitioner of an O-2 visa will be attending to an individual of an 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 an 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.

The process of the Non-Immigrant Temporary Worker Visa Application

The petitioner of this visa will have to file an I-129 form, Petition for a 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:

  • Consultation: A written counseling opinion from a group of peers or someone nominated by the group of experts in the beneficiary’s area of ability.
  • An 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.
  • Itineraries: 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.
  • Agent: A United States agent will have to be the actual employer of the petitioner, the representative of either 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 on if the USCIS office determines that it is necessary to successfully accomplish the initial event

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Some of the benefits of the O-Visa are obtaining the visa quickly, and the ability of traveling in and out of the United States.
They could always ask for an extension of stay for their visa in the United States only if the petitioners of the O-1 or O-2 visas were granted an extension of time too.
With the O-1 Visa, the petitioner will only be able to commence their employment on the date authorized by the USCIS and terminated no later than the date authorized.
In those circumstances, the employer will have to pay the reasonable costs of the transportation back to your country.
Each worker visa has a fixed time limit in which you can perform serviceids in the U.S. Some particular cases allow the extension of those time limits to help complete the serviceids. Subsequently, its necessary for the applicant to remain aboard for a determined amount of time before readmission as a temporary worker under any category.
There are different categories for this under United States laws. Sometimes the applicant who doesnt qualify as a temporary worker but yet he or she is classifiable as a short-term worker, may apply for an ineligibility waiver and be issued the visa as long as the waiver is approved. A consular can advise you of any waivers if you have been disqualified.
You can bring your spouse and minor unmarried children as long as you can probe that you will be able to support them. However, they cant accept employment in the U.S. (excluding L-1 and L-2 visa holders spouses). These individuals can engage in employment as long as they have a work permit or authorization.
When someone is denied the Temporary Worker Visa, he or she can reapply as long as there is a new evidence to remove the reasons for refusal in the past. If the applicant doesnt have new evidence, consular officers will not re-examine your case except when you hire an immigration attorney.