What is the 0-1 Visa?

The 0-1 visa is a short-term, non-immigrant employment visa for those with extraordinary abilities.

  • The O-1A visa is for people with an extraordinary ability in the sciences, education, business or athletics. You must be one of the top people in your field. It’s not enough to just work in the field or hold a degree in a discipline. Only a small number of people qualify, those whose shine far above others in the field.
  • The O-1B visa is for people with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. You must show that you enjoy national or international renown or a record of extraordinary achievement in the TV or motion picture industry.

01 Non-Immigrant Visa

The 0-1 visa is for temporary work, and it enables the holder to travel in and out of the US. It is not to be confused with the EB-1 visa, (LINK to article on Ghazi Law website. I cannot find it.) which is for those with extraordinary abilities who seek resident status. If you are accepted, you should be able to get an 0-1 visa quickly.

What Criteria Must I Meet for an O-1 Visa?

  1. We have already discussed you must have extraordinary abilities in science, education, business, athletics or the arts. In a moment we will discuss how to prove your ability.
  2. You must have a job offer in the United States and be coming to work at an event or series of events. The term “event” is interpreted quite broadly and may include an ongoing research project for example.
  3. You must prove your individual qualifications. Being part of a winning team or renowned group is not enough.
  4. You must work for the company that sponsored your 0-1 visa. If you want to change jobs, you will need to apply for a new visa with the new sponsor.

How Can I Prove Eligibility?

0-1A Visa: Science, Education, Business or Athletics

The O-1A visa is for those with extraordinary ability in the sciences, education, business or athletics. If you have received a prestigious national or international award in your field that is at the level of a Nobel prize or an Olympic medal, you are going to quality.
Otherwise, be prepared to show three or more of the following:

  1. Lesser national or international awards in your field.
  2. Membership in an association that requires outstanding achievement. This must be judged by known national or international experts in your area of expertise.
  3. Articles about you that have been published in major trade publications or mainstream media.
  4. Articles you have written that have been published in major trade publications, major mainstream media or scientific or scholarly journals
  5. Service as a judge of the work of others in your field
  6. Original scientific, academic, or business-related contributions of major significance in your field
  7. Employment or service in a critical, high level capacity for a distinguished organization
  8. High salary or high remuneration for payment of services
  9. Other relevant proof if these criteria do not apply to you. The visa application should indicate why the other criteria do not apply.

0-1B Visa: The Arts

The 0-1B visa is for those with extraordinary ability in the arts. The U.S. Citizenship and Immigration Services (USCIS) regulations define art as

    . . . any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. Aliens engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.

If you have received an Oscar, Grammy, Director’s Guild Award or an award of similar stature, you are going to quality. If not, you need to submit proof of three or more of the following:

  • Starring performances (past or future) in high profile, renowned productions. You may submit reviews, press releases and other kinds of evidence to prove it.
  • National or international recognition for your achievements. You may prove this by submitting published articles about you in major media or trade journals.
  • Past or future performances in an important role tor organizations that have a distinguished reputation such as a major ballet company.
  • A record of major successes
  • Significant recognition from experts in the field.
  • High salary or high remuneration for payment of services
  • Other relevant proof if these criteria do not apply to you. The visa application should indicate why the other criteria do not apply.

What Else Do I Need to Apply?

  • Some other things you will need to submit include the following:
    Consultation: Written advisory opinion from a peer group (including labor unions) or expert in your area of expertise. If no such group exists, it’s possible that this requirement may be waived.
  • Contract between you and your sponsor employer
  • Itinerary of events and activities

What is the Time Period of the 01-Visa?

The initial period of stay may be up to three years. The visa may be for a lesser time if you are coming to the US for an event of shorter duration. Unlimited extensions of up to one year are possible.

What About My Family?

If you are granted a 01 visa, your spouse and unmarried children under the age of 21 may apply for 03 visas. A 03 visa will enable them to accompany you or join you later.

Call Ghazi Law Group for a Free Consultation

If you can demonstrate extraordinary ability in science, education, business, athletics or the arts, contact Ghazi Law Group at (818) 839-6644 or email us at contact@ghazilawgroup.com for a free consultation to discuss the 01 visa. We will analyze your eligibility and help you to navigate the complex immigration system. Our immigration clients are located across the United States and the world, but we are in Sherman Oaks, California, close to Encino, Woodland Hills, Studio City and other areas of Los Angeles County.

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