O-1 visas are non-immigrant visas that allow foreigners with extraordinary ability in either the (1) arts, (2) movies or TV, or (3) sciences, education, business and athletics, to enter the U.S. and engage in an official activity.
In Nevada, O-1 visas are common for foreign film actors, film producers, Cirque du Soleil performers, UNLV professors, casino executives, or solar scientists.
Below our Las Vegas “O-1 Visa” attorneys answer frequently-asked-questions about “extraordinary ability” visas in Nevada.
- 1. Can I get an O-1 visa in Las Vegas, NV?
- 2. How do I get an O-1 visa?
- 3. What can I do on an O-1 visa?
- 4. How long does it take to get an O-1 visa?
- 5. How long is an O-1 visa good for?
- 6. How much does an O-1 visa cost?
- 7. Can my family come with me on an O-1 visa in Las Vegas, NV?
- 8. Can I study while on an O-1 visa?
- 9. Are there travel restrictions if I get an O-1 visa?
Also see our article on P-1 visas in Nevada.
1. Am I eligible for an O-1 visa?
There are two types of O-1 visas available for foreigners with “extraordinary abilities”:
- O-1A visas: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
- O-1B visas: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry
Examples of evidence that a foreigner possesses adequate “extraordinary abilities” include the following:
- A Curriculum Vitae
- Letters of recommendation by experts in the foreigner’s field
- Degrees, certificates and evaluations
- Publications (and citations to such publications and request for reprints)
- Presentations and invitations to conferences
- Comments by peers in the foreigner’s field
- Awards or honors
- Membership in professional associations
- Judgeship on panels assessing others’ work
- Sale receipts and reviews
2. What is the application process for an O-1 visa in Las Vegas?
The foreigner’s prospective employer submits an I-129 Form with the United States Citizenship and Immigration Services. The foreigner has to get an “advisory opinion” from his/her peer group attesting to his/her eligibility for an O-1 visa.
3. What does an O-1 visa allow me to do?
O-1 visas allow the holder to do the following:
- Work at the job or event that the USCIS pre-approved
- Work with more than one employer as long as the USCIS pre-approves it
- Start and end work on the dates that the USCIS pre-authorized.
Note that O-1 visas are different than EB-1(A) visas in that O-1 visas are non-immigrant visas and require that the foreigner has a U.S employer, whereas EB visas are for foreigners seeking permanent residency, and the visa-holders do not have to have a U.S. employer.
4. What is the time frame for getting an O-1 visa?
A few weeks to a few months. To prevent delays, the USCIS should receive the I-129 form no later than 45 days prior to when the U.S. employment is set to begin.
5. When do O-1 visas expire?
Each O-1 visa has a time span predetermined by the USCIS to match the start and end-date of the U.S. employment. O-1 visas have a three-year maximum, though foreigners may apply for one-year extensions of stay.
6. What is the fee for an O-1 visa?
7. Can my spouse and children accompany me on an O-1 visa to Las Vegas, Nevada?
Yes. The foreigner’s husband/wife and unmarried kids under age 21 may apply for an O-3 visa so they can accompany the O-1 visa holder to the U.S.
8. Can I go to school on an O-1 visa?
Yes, O-1 visa holders can study part-time.
9. Can I leave the U.S. on an O-1 visa?
Call a Nevada immigration attorney…
If you are seeking an O-1 visa in Nevada or another immigration service, call us for a consultation. Our Las Vegas immigration attorneys are here to help.
Go to our Nevada visa law main page.
Note that Nevada has two immigration offices: Las Vegas immigration office, and Reno immigration office. Immigration cases are handled in Las Vegas Immigration Court.
See our article on O-1 visas in California.