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O-1 Visa Lawyer In Southern California
Why Choose Us?
I highly recommend Garcia & Phan for immigration needs. They return calls as promised and provide case updates. They didn’t leave anything to chance, and they took care of our needs.
Who Qualify For O-1 Visa?
In order to qualify, you must meet at least three of the following guidelines:
Contact Garcia & Phan. as soon as possible at (714) 868-8250 if you are in the United States and either intend to apply for an O-1 visa or are experiencing problems with one that you already have. The sooner an O1 visa attorney in California can begin working on your case, the better chance you have of protecting your rights and preventing career damage. Your continued success can be preserved year after year with our assistance.
O-1 visas are intended to allow workers sufficient time to complete their duties. Upon obtaining the visa, your initial stay will be for one, two, or three years, depending on your purpose. This may be extended using Form I 129 petition in order to complete a longer event or activity. O-1 visa benefits extend to family members. Your spouse and minor children may apply for O-3 visa work permit, which grant them the same length of stay in the United States as you. Although they are unable to work, they can study full or part-time. Those who work for O-1 visa holders are eligible for an O-2 visa, allowing them to remain in the United States. These visas allow them to work in the United States as agents and assistants. In each of these cases, family members and workers must submit separate applications and provide evidence of their qualifying relationship to the O-1 applicant.
The alien must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
To be classified under the O-1 nonimmigrant visa category, you must have extraordinary ability in the sciences, arts, education, business, or athletics or a demonstrated record of extraordinary achievement in the motion picture or television industry.
Extraordinary ability means a level of expertise indicating that the person is one of the small percentages who has risen to the very top of the field of endeavor.
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts such that the alien is considered renowned, leading, or well-known in the field of arts. The arts include but are not limited to fine, visual, culinary, and performing arts. Therefore, if you are a distinguished pianist, violinist, ballet dancer, conductor, chef, graphic designer, etc., then O-1 might be an option for you. Essential personnel such as directors, choreographers, set designers, make-up artists, and stage technicians are also included in this category.
To qualify as an alien of extraordinary ability in the field of arts, the alien must be recognized as being prominent in their field of endeavor as demonstrated by the following:
Evidence that the alien has been nominated for or has been the recipient of significant national or international awards or prizes in the particular field, such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award.
At least three of the following forms of documentation evidence that the alien has performed and will serve as a lead or starring participant in productions or events with a distinguished reputation.
Evidence that the alien has achieved national or international recognition for achievements is evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications.
Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments with a distinguished reputation.
Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.
Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form that indicates the author’s authority, expertise, and knowledge of the alien’s achievements.
Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services to others in the field, as evidenced by contracts or other reliable evidence.
Yes! Although the same criteria are used, those in the film and television industry are held to a higher standard than those in the arts.
To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate a history of extraordinary achievement such that the alien is recognized as outstanding, noteworthy, or a leader in the motion picture or television industry. The candidate must demonstrate extraordinary achievement, not merely distinction.
If you are a distinguished film producer, director, production designer, actor/actress, cinematographer, etc., you may be eligible for an O-1 visa.
Applicants in these areas must show that they are one of a small percentage to have reached the top of their field. They can show national or international acclaim through receipt of a major international award or show evidence that they meet three of the following criteria:
Has received a nationally or internationally recognized award.
Holds membership in an organization that requires outstanding achievement.
Published materials about an applicant in professional or trade publications.
Has served as a judge of the work of others.
Has produced original scientific or scholarly work of major significance in their field.
Is the author of scholarly work.
Has been employed in a critical role by an entity with a distinguished reputation.
Has received or will receive a high salary.
Yes, you need an employer to sponsor you to file for an O petition. However, if you are an alien and own a production company in Hollywood, you can use that production company to petition O-1 for you.
Any U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent can petition for you. However, the petitioner must at least be in the artist’s field of expertise. This also means that a U.S. citizen in the artist’s field may petition for them as long as there is a legitimate reason why the petitioner requires the artist to work in the United States.
O visas will be issued for the duration necessary for the event, but no longer than three years.
Yes, if the O-1 expires soon, you can file for an O-1 extension in 1-year increments. Alternatively, you may apply for a new three-year visa.
Yes, there are 3 main types of O visas:-
O-1 classification: Alien with extraordinary ability in Science, Arts, Education, Business, or Athletics.
O-2 classification: Alien accompanying and assisting in the Artistic or Athletic Performance by O1.
O-3 classification: Spouse or Child of O-1 or O-2.
Garcia & Phan Firm publishes this website as a service to our clients and friends for general informational purposes only. These materials do not and are not intended to constitute legal advice. You should not act upon any such information without seeing professional counsel. These materials may be considered advertising in your state. The information provided on the web is not privileged and does not create an attorney-client relationship with the Garcia & Phan Law Firm or any of the firm’s lawyers. The principal office of the Garcia & Phan Law Firm is located in Huntington Beach, California. Its attorneys are licensed to practice law in California. The firm does not intend to practice law in any jurisdictions where the firm is not licensed.
