To begin the process, the employer must file a Petition for a Nonimmigrant Worker (Form I-129), along with evidence of the individual's extraordinary ability. "Extraordinary ability" means that the person is one of the small percentage who have arisen to the very top of the field of endeavor.
Job Offer Letter
The job offer letter must state the nature of the events or activities in which the individual will be engaged, and it must specify the dates, for which work authorization is being requested.
There is no set maximum period for O-1 status. It is determined by the length of time needed for the alien to perform his duties or activities with the petitioner employer. Usually, an initial stay is limited to no more than three years, provided the petition can establish that the O-1 alien will need this much time for the proposed employment. This period may be extended at one-year increments thereafter, upon evidence showing that the alien's continued presence would be required.
Another requirement for an O-1 Application is a written consultation / advisory opinion from a union, peer group, or recognized expert, in the field in the individual's area of ability. The advisory opinion is to state whether the alien qualifies as an alien of extraordinary ability and whether such extraordinary abilities are required for the activities to be undertaken by the alien. An example may be a no-objection letter from a labor organization such as the DGA or SAG.
An advisory letter is not required if:
* An appropriate consulting entity does not exist as established by the petitioner; or
* A waiver of the advisory opinion is made because a consultation has taken place within the prior two years with regard to a previous admission to render similar services. (This waiver only applies to an alien of extraordinary ability in the arts).
National or International Acclaim
Aliens must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise.
The alien may establish qualification through nomination or receipt of a major, national or international recognized award such as an Emmy. Otherwise, one must show at least 3 of the following:
*Having been or will be performing a lead or starring role in productions or events which have a distinguished reputation
*Membership in associations in the field for which classification is sought, which require outstanding achievements of members
*Published material by or about the alien showing national or international recognition
*Performance in a lead, starring or critical role for organizations or establishments with distinguished reputations
*Major success in the performing arts
*Judge of the work of others in an allied field as that for which classification is sought
*Significant recognition for achievements
* High salary
* Other evidence
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