We originally published this post back in 2013 (as 5 misconceptions), and it has consistently ranked as one of our most read posts. And for good reason: the O-1 visa category is one of the most popular, especially for those who work in the arts, design, and film and television (although, as we discuss below, the O-1 can be a good option for all sorts of professions and industries). Since it’s been a number of years, we wanted to add some updates and clarifications and, yes, a few more misconceptions that often come up for foreign nationals who already have an O-1 or are interested in obtaining this visa type . - Protima
1. The O-1 is a “freelance” visa
There is no such thing as a “freelance” work visa in the United States. With very few exceptions, nearly every work visa in the US must be sponsored by a legal and operating US company or agency.
Read moreThere are a variety of ways to become a lawful permanent resident through employment in the United States. The five main employment-based Green Card categories are: EB-1 (for foreign nationals with extraordinary ability, outstanding professors/researchers, or multinational executives/managers); EB-2 (for foreign nationals holding an advanced degree or its equivalent, or foreign nationals with exceptional ability); EB-3 (for skilled workers, professionals, or other workers—as defined within the immigration regulations); EB-4 (for special immigrants—as defined within the immigration regulations); and EB-5 (for immigrant investors). Under each category, there are several ways to pursue a Green Card.
Read moreOne of the most common visa types our law firm prepares is the O-1 for individuals with extraordinary ability or achievement. The O-1 is a temporary work visa granted in three-year increments with one-year extensions—allowing individuals of extraordinary ability to work in the United States for a single employer or sponsor. We’ve written a great deal about the O-1, from highlighting common misconceptions to imagining an O-1 consultation with a certain undersea character; however, one common misconception we have not spent a lot of time correcting is the assumption that O-1 visas are only for “artists.” While many artists are covered under this visa category, the defining characteristic of the O-1 is actually “extraordinary ability,” a distinction that can be made in nearly any field or industry.
Read moreJessica, a third year law student at Fordham University School of Law, is our fall associate. She is currently the Senior Notes Editor for the Fordham Journal of Corporate and Financial Law and a student attorney at the Immigrant Rights Clinic.
We regularly work with “extraordinary” individuals. And we don’t just mean “extraordinary” in the normal sense of the word—rare, phenomenal, and special—but also the type of “extraordinary” that fits US Citizenship & Immigration Service’s (USCIS) legal standard. That’s right, we’re talking about the O-1 nonimmigrant visa classification for individuals with “extraordinary” ability or achievement and the EB-1-1 immigrant visa classification for individuals who demonstrate “extraordinary” ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
Read moreSo you’re a German production company looking to shoot a feature film in the United States, or an Australian actor who has been hired for a recurring role in an American television series. You’ve done a little research, possibly read our previous post on special considerations for film and television visas or common O-1 misconceptions, and now you realize that you and/or your production team are in need of O visas. (Almost any foreign national working on commercial or entertainment film or television projects in the US, for any length of time, will need an O-1 or O-2 visa.)
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