O-1A Law and Legal Definition
O-1A visa is available to an applicant who possesses an internationally or nationally renowned ability in the sciences, arts, education, business or athletics and wishes to work temporarily in the US. The visa permits the applicant to continue working only in his area of extraordinary talent. O-1A visas are issued to chefs, carpenters and lecturers also.
Before the ‘alien’ can apply for the visa, his employer needs to file the petition, Form I-129, with the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS). Normally interview and digital fingerprint scan is required for visa applicants from ages 14 through 79. However individuals aged 13 and younger, and aged 80 and older, do not require an interview, unless requested by consulate.
Proof of the following also needs to be provided:
•Nationally or internationally recognized awards
•Membership in associations which require outstanding achievements of their members
•Published material, relating to the applicant’s in the area of extraordinary ability, in professional or major trade publications or major media
•Evidence that the applicant has judged the work of others in the field
•Evidence of the applicant’s original scientific, scholarly, or business-related contributions of major significance in the field
•authorship of scholarly articles in the field, in professional journals, or other major media
•Evidence that the applicant has been employed in a critical position at an organization with a distinguished reputation
•Applicant will receive a salary much higher than others in his or her field
The O-1 visa is limited to a maximum duration of three years and the individual should have an employer willing to sponsor the petition.
O – 1 visa holders are not exempt from entry into the US-VISIT program and will also need to register their entry into the US and their departure.
