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The O-1 visa is for persons who possess extraordinary ability in sciences, arts, education, business or athletics or who has a record of extraordinary achievement in the motion picture or television industry and has been recognized nationally and internationally for those achievements. The petitioner must submit Form I-129 with the USCIS. The form maybe filed at least 45 days before employment. A job offer from a U.S. employer is a basic requirement for the O visa. There is no annual limit on the number of people who can receive O visas. It is an employer specific visa so if the employee wants to change employment then he or she must change the visa category. O visas are granted for the length of time necessary for a particular event, up to a maximum of three years, with unlimited extensions in one-year increments.

A person of is said to have extraordinary ability if that person has received national or international acclaim in that particular field, or, if working in motion pictures or television productions, has a demonstrated record of extraordinary achievement. The person must be coming to the U.S. to work or perform at an event or a series of events in the area of extraordinary ability. Qualifying event is defined as an activity such as, but not limited to, a scientific project, conference, convention, lecture, series, tour, exhibit, business project.

A spouse and unmarried children under age 21 may accompany the O visa holder on O-3 visa, but they may not accept employment in the United States. Persons travelling along with O visa holders but themselves do not fall under the O category may apply for O-2 visa.

We, at the Law Offices of Aditya Surti, LLC can help you in applying for change of status/ extension/adjustment of status to a different visa. To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269 (Woodbridge Office). You can also email us at info@surtilaw.com.