O Visa Regulatory Language Explained

Herein you will find selected redacted portions from the O visa regulatory immigration language which are useful to consider in gaining additional background information on this visa option (Source 8 C.F.R. 214.2(O)):

Under this non-immigrant category, the alien may be classified...as an alien who has extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry...an alien having a residence in a foreign country which he or she has no intention of abandoning may be classified as an accompanying alien who is coming to assist in the artistic or athletic performance of an alien admitted...

An O-1 visa classification applies to:

( 1 ) An individual alien who has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who is coming temporarily to the United States to continue work in the area of extraordinary ability; or

( 2 ) An alien who has a demonstrated record of extraordinary achievement in motion picture and/or television productions and who is coming temporarily to the United States to continue work in the area of extraordinary achievement.

An O-2 visa classification applies to an accompanying alien who is coming temporarily to the United States solely to assist in the artistic or athletic performance by an O-1. The O-2 alien must:

( 1 ) Be an integral part of the actual performances or events and possess critical skills and experience with the O-1 alien that are not of a general nature and which are not possessed by others; or
 

( 2 ) In the case of a motion picture or television production, have skills and experience with the O-1 alien which are not of a general nature and which are critical, either based on a pre-existing and longstanding working relationship or, if in connection with a specific production only, because significant production (including pre- and post-production) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production.

Immigration Petitions for O visa aliens shall be accompanied by the following:

(A) The evidence specified in the particular section for the classification;

(B) Copies of any written contracts between the petitioner and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien will be employed;

(C) An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and

(D) A written advisory opinion(s) from the appropriate consulting entity or entities.


O Visa Agents as petitioners: A United States agent may file a petition in cases involving workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act in its behalf. A United States Agent may be: The actual employer of the beneficiary, the representative of both 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 Visa Length of Stay: Source 9 FAM 41.55

The INA does not require an applicant for an O-1 visa to have a residence abroad which he or she does not intend to abandon, nor does it address the issue of temporariness of stay for O-1 non-immigrants. As a consequence, consular officers shall not apply any standard of temporariness or immigrant intent, unless there are specific indications or evidence that the alien does not intend to comply with the terms of the petition approved on his or her behalf.
Unlike the O-1 non-immigrant however, the O-2 visa applicant must satisfy the consular officer that he or she has a residence abroad and no intent to abandon that residence.

O Visa Advisory Opinion Letter Requirement: Source 9 FAM 41.55

Consultation with an appropriate U.S. based "peer group" (which could include a person or persons with expertise in the field in certain instances), labor and/or management organization regarding the nature of the work to be done and the alien's qualifications is mandatory before a petition for an O-1 or O-2 classification can be approved.
These O visa consultations must be attained from specific agencies depending on the applicants industry and shall be in the form of a written advisory opinion.

 

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