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Extraordinary Ability Visa Attorneys in Charlotte

O & P Visa Services for Clients Nationwide

O & P Visa Services for Clients Nationwide

Are you an entertainer, performer, athlete, or any other individual with extraordinary talent? The O & P non-immigrant visas are designed for professionals and groups with exceptional abilities or artistic contributions. Both types of visas have several subcategories, and understanding the difference between each (and deciding which one is right for you) is impossible without years of training and experience.


Who Qualifies for O-1 Visa?


O-1 non-immigrant visas are for those who have extraordinary ability in the disciplines of science, art, education, business, or athletics. It is also for those who have a record of extraordinary achievements in the motion picture or television industry with national or international acclaim. You must also be coming to the U.S. temporarily in order to continue working in your area of extraordinary ability.

If you have exceptional talent in science, education, business or sports, you must have a level of expertise that shows you are of a small percentage who have risen to the very top of the field. For artists and those in the motion picture industry, you must be distinguished by high level achievements and have great skill that you are prominent and well-known in the field of arts.

At Oakhurst Legal Group, we have an in-depth understanding of this niche area of immigration law. If you have talent, art, athletic skills, or exceptional professional abilities that deserve to be shared with the world, our Charlotte O & P visa attorneys have what it takes to turn that vision into a reality. Let us handle the legal hassles of this process , so you can focus on your craft.


O-1 Visas

O-1 visas are reserved for foreign nationals with extraordinary ability in the arts, athletics, sciences, education, and business. The international workforce benefits greatly from the flexibility and quickness of obtaining visas in the O category, which does have many of the limitations and complications that come with the H-1B visa program.

The two primary subcategories of the O-1 visa are:

  • O-1A – Foreign nationals with extraordinary ability in athletics, education, business, and science. This visa has a higher standard of eligibility than the O-1B category.
  • O-1B – Foreign nationals with extraordinary ability in motion pictures, television, and the arts.

We also help clients obtain O-2 visas (for essential support personnel of O-1A and O-1B visa holders) and O-3 visas (for the spouse and children of O-1 and O-2 visa holders)

Beginning in 2020, there will be more pressure on USCIS adjudication officers to heavily scrutinize petitions in all categories, including the O-1 visa. Choosing the correct O-1 category is vital, as is completing the application with zero errors and sufficient documentation. Our lawyers at Oakhurst Legal Group help clients apply for visas in the categories that have the highest possible chances of case approval.



P Visas

P-1 Visas
There are two primary types of P-1 visas: P-1A (for athletes) and P-1B (for performers in an entertainment group).

P-1A visa eligibility factors can include:

  • National team experience, consisting of significant contributions
  • Consultation letter from the national governing body that describes the accomplishments of the beneficiary
  • NCAA varsity experience with significant contributions
  • Reputable international rankings
  • Being signed to a US Major League team in the previous season
  • Letters from industry experts and other high-level athletes
  • Significant awards
  • Schedule of events in the United States that enjoy an international reputation


P-1B Visa Eligibility Requirements
Eligibility for this visa includes the following:

  • 75% of individual artists or members have provided services to the performance group for at least one year before applying for the P-1B petition. The only exception is for circus groups for both performers and support staff.
  • The performing group has substantial evidence of major international achievement. National recognition can also be highly persuasive in unique conditions where the group is outstanding over a significant period of time.
  • The performance group and individuals in the group are internationally recognized and can prove this with supporting evidence.




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Ready to get started on your O or P visa application in Charlotte and beyond?

Give us a call at 704-243-8178 or fill out our online contact form. We offer same-day appointments, free case reviews, and multilingual services.

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O-1A: Athletics, Education, & Business

The O-1A visa is the category with the strictest eligibility requirements. These visas are reserved for individuals such as business executives, world-class athletes, and persons in academia. O-1A visas require copious amounts of evidence to prove that the beneficiary has experienced sustained  international or national acclaim in their industry.

There are several categories for proof of sustained acclaim under the O-1A category, including receipt of a major award (e.g. Nobel Prize or Olympic medal), OR at least 3 of the following:

  • Other international and national awards in the beneficiary’s industry
  • Employment in an essential capacity
  • Association with groups that require outstanding qualities for membership
  • Significant, original, tangible, and intangible contributions to science, academia, or business
  • Authorship of articles and essays in professional media outlets
  • Receipt of higher compensation than peers
  • Published articles about the beneficiary and their contributions to the industry



O-1B: Motion Picture, Television, & the Arts

Motion picture and television professionals include not only actors but also cinematographers, writers, directors, and other essential personnel. For motion pictures and television-based O-1B petitions, the beneficiary must already have a history of extraordinary achievement and proof of a degree of skill that is outstanding, leading, and/or notable compared to their peers.

  • Visual artists
  • Virtual artists
  • Sound engineers
  • Art directors
  • Musicians
  • Dancers
  • Stylists
  • Other creative professionals

O-1B visas applicants in the arts must prove the distinction of having skills substantially above what is typically encountered in their field. In addition, the applicant must be considered renowned, well known, or leading in their industry.

Generally, the O-1B visa has a less rigid eligibility standard than the O-1A visa. O-1A applicants are not able to take advantage of the O-1B visa requirements because the supporting evidence for their background simply would not fit in enough categories to obtain the visa, and the job title is not likely to be accepted by USCIS for the O-1B category.



The O-1B visa requirements include receipt of a major award that would be the equivalent to a world championship in athletics or a Grammy in music, OR at least 3 of the following:



  • Previously has and will participate in critically acclaimed and prestigious events, projects, and performances
  • Significant national and international awards in the beneficiary’s field of endeavor
  • Previously has or will play a leading role in projects, events, and performances with prestigious companies and organizations
  • Articles from third parties with reputable media outlets discussing the work of the beneficiary
  • Critical reviews of the beneficiary’s work included in major media outlets, trade publications, and industry journals
  • Evidence of sustained acclaim and recognition from experts, industry insiders, important organizations, and other sources
  • Earning or will be earning a significantly higher wage than peers in the same industry


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What You Can Expect

Relatable & Non-Traditional Representation

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Honesty

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Innovative Solutions

We don’t believe in offering standard, obvious choices. Our attorneys always aim to provide creative solutions to your legal obstacles.

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