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Houston Immigration Lawyers > Houston O-1 Visa Lawyer

Houston O-1 Visa Lawyer

Individuals who possess “extraordinary ability in the sciences, arts, education, business, or athletics,” or who have a “demonstrated record of extraordinary achievement in the motion picture or television industry” and have been “recognized nationally or internationally for those achievements,” can apply for temporary admission into the United States under an O-1 Visa. The O-1 visa grants a temporary stay for up to three years that can be extended for one-year periods indefinitely. Spouses and children can come along as well on an O-3 visa. If you are a Texas employer or agent looking to bring over a worker of extraordinary ability or achievement to work in their field, BBA Immigration can help you put together a strong petition that persuasively demonstrates the individual’s eligibility for an O-1 visa. Contact our experienced Houston O-1 Visa lawyers today.

Eligibility for an O-1 Visa

The O-1 visa is generally broken down into two categories:

  • O-1A for individuals with an extraordinary ability in the sciences, education, business, or athletics
  • O-1B for individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry

Eligible areas are broadly interpreted by United States Customs and Immigration Services (USCIS) and cover most fields of artistic endeavor. However, you must be able to convincingly demonstrate an extraordinary ability to the satisfaction of USCIC in order to be successful on your petition. If coming to work in a field such as business or science, you must show a level of expertise that indicates you are among the small percentage of people who have risen to the very top of your field. USCIS has published a lengthy and detailed policy manual that covers the sorts of evidence that are required to prove this point satisfactorily. Our expertise at BBA Immigration lies in the amount and quality of research we do into a person’s background to demonstrate their visa eligibility. We ask all the right questions and conduct our own independent research as necessary to help ensure the success of your petition.

Employer or Agent Petitions

Employers typically sponsor their foreign workers and petition USCIS on their behalf. For individuals who are typically self-employed or who use agents to arrange short-term employment with numerous employers, the law allows U.S. agents to petition on behalf of O-1 visa beneficiaries. This is often the case with actors, entertainers, musicians and authors. The individual must authorize the agent to act on their behalf in the O-1 process. The U.S. agent could be the actual employer of the O-1 beneficiary, the representative of the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent.

O-2 Visas for Assistants

U.S. immigration law also allows others to accompany foreign nationals who are coming over on an O-1 visa. The O-2 visa is for someone who is coming to America solely to assist the O-1 visa holder in their artistic or athletic performance. To be eligible, the O-2 applicant must be an integral part of the actual performances or events and possess essential or critical skills and experience with the O-1 visa holder that are not of a general nature and which are not possessed by another individual. In the case of a motion picture or television production, the O-2 applicant must have skills and experience with the O-1 principal which are not of a general nature and are critical, either based on a pre-existing and working relationship or, if in connection with a specific production only, because a significant portion of the pre-production through post-production will take place both inside and outside the U.S. and the continuing participation of the O-2 applicant is essential to the overall completion of the production.

Contact BBA Immigration Today

Our skilled attorneys at BBA Immigration are well-versed in the process of obtaining O-1, O-2, and O-3 visas for performers and other individuals of extraordinary ability, along with their assistants and immediate family members. Let us get you in shape for the best chance of success with your petition. Call our experienced Houston O-1 visa lawyers today.

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