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What criteria must be met for someone to qualify for an O-1 visa for individuals with extraordinary ability in science, business, education or athletics?

To qualify for an O-1 visa for individuals with extraordinary ability in science, business, education or athletics, the following criteria must be met:

  1. Extraordinary ability: The applicant must demonstrate extraordinary ability in their field, which is defined as a level of expertise indicating that the individual is one of the few who has arisen to the very top of the field of endeavor. This can be proven through evidence such as professional achievements, industry awards, and recognition in the media.
  2. National or international acclaim: The applicant must furnish evidence showing that they have achieved national or international acclaim in their field. This can be demonstrated through evidence such as press coverage, awards, and letters of recommendation.
  3. Job offer: The applicant must have a job offer from a U.S. employer who is sponsoring the visa.
  4. Duration of stay: The visa is only valid for a temporary stay, and the individual must have a specific and finite itinerary detailing the events and engagement dates that they plan to participate in while in the U.S.
  5. Proof of maintenance of status: The applicant must also show that they have maintained their nonimmigrant status while in the U.S. and have not violated any U.S. immigration laws.

It is important to note that the criteria for the O-1 visa can be complex and require comprehensive documentation. It is recommended that individuals seeking O-1 visas consult with experienced immigration lawyers to assess their eligibility and to properly prepare their applications. In some cases, the individual may need to work with their employer to gather additional documentation to support their case.