What is the process for obtaining an O-1 visa for an individual with extraordinary ability in their field?

The process for obtaining an O-1 visa for an individual with extraordinary ability in their field involves several steps that must be completed in order. This visa applies to individuals who have demonstrated extraordinary ability in one of the following fields: science, education, business, athletics, arts, or entertainment.

1. Determine Eligibility: First, the applicant must determine whether they meet the eligibility requirements for an O-1 visa. They must demonstrate extraordinary ability in their field and provide documentation to support their claim.
2. Obtain a Job Offer: The applicant must obtain a job offer from a U.S. employer that is relevant to their extraordinary ability in their field. The employer must also be willing to sponsor the applicant for an O-1 visa.
3. File the Petition: The employer must file a Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the applicant. The petition must include evidence of the applicant's extraordinary ability in their field, such as awards, publications, or other types of recognition.
4. Obtain a Consultation: The employer must obtain a written advisory opinion from a peer group or an individual with expertise in the applicant's field of extraordinary ability. This opinion must support the applicant's claim of extraordinary ability.
5. Attend an Interview: After USCIS receives the petition, the applicant may be required to attend an interview as part of the visa application process.
6. Obtain the Visa: If USCIS approves the petition, the applicant may apply for the O-1 visa at a U.S. consulate or embassy in their home country. They must provide additional documentation, such as a passport, photographs, and evidence of their ties to their home country.

If the applicant is already in the United States, they may be able to change their status to O-1 without leaving the country by filing a Form I-129 with USCIS. However, this process can take several months, and the applicant must maintain their current status until their O-1 change of status is approved.

It is important to note that obtaining an O-1 visa can be a complicated and time-consuming process. It is recommended that applicants work with an experienced immigration attorney to ensure that they provide all necessary documentation and meet all eligibility requirements. Further action or appeal may be required if the petition is denied.