O-1A Extraordinary Ability Visa

The O-1 non-immigrant visa is for the individual who possesses extraordinary ability in entrepreneurship, technology, science, arts, business or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

Bay Immigration Law is the leading firm in the Extraordinary Ability Category, and we have secured O-1 status for UX/UI Designers, Software Engineers, Managers across various functions, Investors, Start-up Founders and Critical Employees.

O-1A Extraordinary Ability

REQUIREMENTS

Demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the fields of entrepreneurship, technology, science, arts, business or athletics. The O-1 beneficiary must be able to demonstrate at least 3 out of the 8 criteria below:

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members

Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

Critical employees to the O-1 can secure an O-2 status. We have secured O-2’s for critical employees across various industries and functions (e.g. a Chief of Staff for a Start-up Founder/CEO).

To qualify for an O-2 visa, your assistance must be an “integral part” of the O-1A visa holder’s performance and you must have critical skills and experience with the O-1 visa holder that are not of a general nature and cannot be readily performed by a U.S. worker.

It is often the case that our clients’ achievements qualify under these criteria, as per the plain language of the regulations, even if it may not seem to be the case when you are reviewing your own accomplishments. Contact us to learn about how your accomplishments and achievements can qualify under the criteria of the O-1!

PROCESS & TIMELINE

OVERVIEW

On average, it takes 4 – 12 weeks for Bay Immigration Law to prepare an O-1 case to file with United States Citizenship and Immigration Services, depending on the particulars of your case. In general, the process is as follows:

INTRODUCTION

We have an introductory phone call and go over your plans, requirements, and the documentation/information that will be necessary to proceed.

We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.

Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.

CONTINUED COMMUNICATION

On a continuing basis we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support and Packet.

ON COMPLETION

Once the packet is complete, we prepare a physical packet (in duplicate) at our Palo Alto office and ship it to USCIS for adjudication. If you are attending a Consular Interview, we will walk you through the process of booking a Consular Interview, and will prepare you for the interview a week or two prior to the interview.