O-1 visa

Get the extraordinary foreign national talent employers need to help their businesses excel with BAL’s extraordinary team of immigration experts.

O-1 visa requirements

The O-1 visa allows temporary employment in the United States for nonimmigrant foreign nationals with “extraordinary” abilities and achievements in certain fields.

 

There are two classifications:

  • The O-1A visa is for individuals with extraordinary ability in the sciences, education, business or athletics.
  • The O-1B visa is for individuals with extraordinary achievement in the motion picture and television industry.
 

O-1 visa services

Whether you’re a U.S. employer or agent acting on behalf of the foreign national to file for the O-1 visa, BAL’s award-winning team of immigration attorneys helps companies of all sizes navigate the path to proving an employee is eligible for an O-1A or O-1B visa.

BAL has helped many employers apply for the O-1 visa as a viable alternative to the challenges that arise with H-1B visas. Because it is not subject to a lottery or cap, an O-1 visa can be extended indefinitely and can be filed at any time during the fiscal year.

BAL’s innovative proprietary technology platform enables our teams to provide industry-leading support throughout every step of the process — including filing Form I-129, compiling and submitting troves of authentic expertise documentation, filing renewals and avoiding delays or rejections.

 

BAL O-1 visa lawyers in action

Read how BAL exceeded extraordinary expectations helping a leading biotech company secure an O-1 visa for an exceptional employee.

READ

“We immediately had to pivot [away from our H-1B plan] and were well prepared to do so, taking forward the O-1 visa for this employee with great urgency.”
– BAL attorney
BAL makes all the difference in my work with out foreign national team members, not just by how they think and act from the perspective of their legal expertise, but how they treat others. More than skill and constant communication, thy demonstrated compassion.
– Manager, People Solutions, BAL client

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Immigration is all we do
Since 1980, our sole focus has been helping businesses acquire top talent from around the world.
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Our award-winning, proprietary technology is purpose-built to streamline complex processes, ensure compliance and enable our legal teams to consistently deliver exceptional service.
Incomparable legal expertise
Our deep bench of attorneys are at the forefront of employment immigration and behind every client helping them succeed.

O-1 FAQ

What are the O-1 visa requirements for petitioning for an O-1 visa?

The O-1 petition must be filed by the foreign national’s employer or a U.S. agent (also known as “petitioner”). This means the petitioner may be:

  • The actual employer of the foreign national;
  • A U.S. agent representing both the employer and the foreign national;
  • A U.S. agent representing multiple employers;
  • A U.S. agent performing the function of an employer; or
  • A U.S. agent representing a foreign employer

The types of documentation required for each type of petitioner described above varies, but generally includes relevant contracts and other evidence of the relationship to any U.S. agent.

What is the O-1A visa criteria for demonstrating “extraordinary ability” in science, education, business or athletics?

A foreign national must meet the following criteria to qualify as having extraordinary ability in the fields of science, education, business or athletics:

  • Receipt of a major, internationally recognized award, such as a Nobel Prize; or
  • Evidence of at least three of the following:
    • Documentation of the foreign national’s receipt of nationally or internationally recognized prizes or awards for excellence in the relevant field
    • Documentation of the foreign national’s membership in associations in the field that require outstanding achievements of their members, as judged by recognized national or international experts in the relevant field
    • Published material in professional or major trade publications, newspapers or other major media about the foreign national and the foreign national’s work in the relevant field
  • Evidence of the foreign national’s original scientific, scholarly or business-related contributions of major significance in the relevant field
  • Evidence of the foreign national’s authorship of scholarly articles in professional journals or other major media in the relevant field
  • Evidence that the foreign national has commanded a high salary or will command a high salary or other remuneration for services
  • Evidence of the foreign national’s participation on a panel, or individually, as a judge of the work of others in the same field or in a field of specialization allied to the relevant field
  • Evidence that the foreign national has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation

What is the O-1B visa criteria for demonstrating “extraordinary achievement” in the motion picture and television industry?

Receipt or nomination for significant national or international awards or prizes in the relevant field, such as an Academy Award, Emmy, Grammy or Director’s Guild award; or

  • At least three of the following forms of documentation:
    • Evidence that the foreign national has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publication contracts or endorsements
    • Evidence that the foreign national has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the foreign national in major newspapers, trade journals, magazines or other publications
    • Evidence that the foreign national has performed, and will perform, in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications or testimonials
    • Evidence that the foreign national has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
    • Evidence that the foreign national has received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the relevant field
    • Evidence that the foreign national has commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the relevant field

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