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O-1 Extraordinary Ability - Fuller & Fuller LLP

O-1 Extraordinary Ability Visa

We're experts in extraordinary ability visas.

Businesses may hire foreign employees with “extraordinary ability in the sciences, arts, education, business, or athletics” to come work temporarily in the United States. A genetic engineer who has written extensively on modified food or an Olympic athlete who has won multiple medals in their respective sport are examples of qualified applicants for the O-1 Visa. In order to qualify for this visa program, the foreign national must prove their high level of expertise in a given field by winning an internationally-recognized award, such as the Noble Prize, or by meeting three of the following criteria to prove extraordinary ability:

Professional publications written by others documenting the individual’s work in a particular field. Evidence of the foreign national’s participation as a judge on the work of others within their field of specialty. Membership in an association in the field of extraordinary ability, which requires outstanding achievement for membership. Evidence of the foreign national’s original significant contribution in his or her respective field. Evidence of the foreign worker’s authorship of articles in the field published in major media or professional journals. Evidence of past employment with distinguished organizations or establishments which serve as an authority in the field of endeavor. Evidence of high salary for services in relation to other peers in the field. The O-1 Visa is granted for an initial stay of three years; however, the Visa may be extended in one year increments for the duration of the foreign employee’s work in the United States. Unlike most of the temporary non-immigrant visas, there is no maximum length of stay in the U.S. for holders of the O-1 Visa. Our attorneys can assist you in obtaining an advisory opinion to prove eligibility and aid in the preparation of the O-1 petition and supporting documentation.

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Where and How to Apply for a Extraordinary Ability Visa?

Contact Fuller and Fuller today to get started on your application.

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Our Process

  • Please reach out to us by email or phone to schedule a consultation with one of our attorneys.
  • Our attorneys will work with you to select the correct type of temporary nonimmigrant work visa to meet your needs.
  • We will then provide you with a checklist of documents and information needed from the employer and from the prospective foreign national employee. We will also provide you with an estimated flat fee for the case and discuss the filing fees and other disbursement expenses you can anticipate.
  • We will prepare the required documents for your petition or application and will send them to you for review and signature.
  • We will then submit your petition or application to the U.S. Citizenship and Immigration Services (“USCIS”) or will provide the necessary documents to you to make a personal application to a Consular Officer at a U.S. Consular Post or to a U.S. Customs and Border Protection (CBP) Officer at a U.S. port of entry.
  • We will track the progress of your case and keep you updated and will provide you with instructions for making and attending a visa interview appointment at a U.S. Consular post (if required). We will also provide both the employer and the prospective foreign national employee with information on the employee’s new immigration status.

How To Prepare

Prior to a consultation with one of our attorneys, please be prepared with the following information so that we can best help you determine how to proceed: A copy of the prospective foreign national employee’s most up-to-date resume; Information on the prospective foreign national employee’s current U.S. immigration status (if any) and any previous U.S. visas held; and Information on the type and duration of work that the prospective foreign national employee is expected to complete in the U.S.

Frequently asked Questions