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What is the process for obtaining an O-1 visa for someone with exceptional abilities in the arts or athletics?

To obtain an O-1 visa for someone with exceptional abilities in the arts or athletics, the individual must first establish eligibility by meeting the criteria set forth by the United States Citizenship and Immigration Services (USCIS).

For the O-1 visa, the USCIS requires evidence of the individual's extraordinary ability in their field. This can include proof of a major international award, such as a Nobel Prize or similar award, or evidence of at least three of the following:

  1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field
  2. Membership in associations in the field which require outstanding achievements of their members
  3. Published material in professional or major trade publications, newspapers or other major media about the person and the person’s work in the field
  4. Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field
  5. Original scientific, scholarly, or business-related contributions of major significance in the field
  6. Authorship of scholarly articles in the field, in professional journals or other major media
  7. Display of the person’s work in the field at artistic exhibitions or showcases
  8. Performance in a leading or critical role for organizations or establishments that have a distinguished reputation.

Once evidence of extraordinary ability is established, the employer or the individual can file a Form I-129, Petition for Nonimmigrant Worker, with the USCIS. The petition must include the evidence of the individual's extraordinary ability, a written advisory opinion from a peer group or an expert in the field to support the claim of extraordinary ability, and a contract or itinerary of the proposed employment.

If the petition is approved, the individual can apply for the O-1 visa at the U.S. embassy or consulate in their home country. The individual must provide evidence of their eligibility, as well as other required documentation, such as a valid passport, a copy of the approved Form I-129, and a visa application fee.

It is important to note that the O-1 visa is temporary and only valid for the duration of the employment specified in the petition. Additionally, the USCIS may require further evidence or documentation during the application process, and the process can vary depending on the facts of each individual case.

In conclusion, obtaining an O-1 visa for someone with exceptional abilities in the arts or athletics involves establishing eligibility by meeting the criteria set forth by the USCIS, filing a Form I-129, and applying for the O-1 visa at a U.S. embassy or consulate. It is important to gather all necessary documentation and evidence and to seek the advice of a qualified immigration attorney when applying for an O-1 visa.