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Pagina extraida do site do escritorio advocaticio Carl Shusterman

PERSONS OF EXTRAORDINARY ABILITY ("O")

The act created the O-1 category for persons of extraordinary ability in the sciences, arts, education, business and athletics. The O-1 category requires that extraordinary ability be demonstrated by sustained national or international acclaim. In the case of persons seeking O-1 status in the film and television industries, a lesser "extraordinary achievement" standard prevails. With regard to persons seeking O-1 status in the arts, the standard is "distinction" which is defined identically with the "prominence" standard under prior law. A person accompanying an O-1 alien in an artistic or athletic performance may qualify for an O-2 visa only if the person is an integral part of the performance and has critical skills which are not of a general nature and which cannot be performed by another individual. Spouses and children of O-1 and O-2 aliens may enter the U.S. in O- 3 status. The act requires that INS or the petitioner consult with an alien's peer group before a petition for O status may be approved. Where appropriate, consultations with unions and management groups are also provided for. These consultation requirements are relaxed for O-1 aliens seeking entry for a television or motion picture production. The admission of an O nonimmigrant is limited to the period of time necessary to complete the event for which the person is admitted. Application for the O-1 visa is made using the I-129 Non-Immigrant Visa Application and the O Supplement. O-2 applications are submitted with a separate application. The application is filed with all of the required evidence to the regional INS service center having jurisdiction over the place where the beneficiary will be working. There are additional rules for aliens working in more than one location or who are working for more than one employer. Acceptable O-1 petitioners include US firms, foreign employers and "established" American agents. Agents are required to provide detailed information regarding the beneficiary's itinerary and contract. O-1 applicants cannot petition for themselves. O-1 beneficiaries are not limited by any statutory limits on their stay in the US except that they are not permitted to be in the US longer than the period of the "event" described in the application. The INS will also only grant up to three years stay initially with an unlimited number of one year extensions. Beneficiaries can enter the US up to ten days in advance of the approved activity and stay for ten days afterwards, but may not work during either ten day period. Finally, it is important to note that the requirements for the O-1 non-immigrant visa are very similar to the rules for the EB-1 permanent residency category for extraordinary ability aliens. One key difference is the fact that a peer group consultation is not required in the permanent category. Another is that in the permanent category, the alien can self-petition. Obviously, the main reason why people use the O-1 category instead of the permanent residency category is because the O-1 visa can be obtained much more quickly than the EB-1.