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.
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.
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
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.
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.
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.
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.
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.
Yes, O-1 visa holders can study part-time.
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.
See our article on O-1 visas in California.