O-1B Visa Attorneys
Montgomery County Immigration Lawyer
Individuals with an extraordinary ability or achievement in the arts, motion
picture, or television industries who wish to temporarily work in the
United States may do so by applying for an O-1B visa with the United States
Citizenship and Immigration Services (USCIS). Like other
O-1 visas, O-1B visas are granted for an initial period of stay of up to 3 years,
with possible extensions being granted at the discretion of USCIS in increments
of 1 year depending on the time required to complete the initial project.
At USILaw, our Montgomery County immigration attorneys are passionate about
helping artists, filmmakers, and other entertainment professionals legally
enter and work in the United States. If you are in need of an O-1B visa,
our team of skilled advocates can walk you through the application process
and provide the strong support you need to maximize your chances of success.
Fill out an online form today to schedule your initial case review.
Who Is Eligible for an O-1B Visa?
O-1B visas are reserved for individuals who have demonstrated a high level
of skill, achievement, and recognition within the arts or film industries.
“Extraordinary ability” means that a person has received distinction
substantially above that which is ordinarily encountered, to the extent
that the beneficiary is considered a renowned or leading figure in their
field. Evidence applicants must provide of this national or international
recognition includes awards such as an Academy Award, Emmy, Grammy, or
Director’s Guild Award, or evidence of at least three of the following.
- Performance and casting as a lead or starring participant in a production
or event with a distinguished reputation
- National or international recognition, such as critical reviews in major
newspapers, trade journals, magazines, and other published materials
- Performance or casting in a lead, starring, or critical role for an organization
that have a distinguished reputation
- A record of major commercial or critically acclaimed successes, shown by
a title, rating, standing, box office receipts, critical ratings, or published
- Significant recognition for achievements from organizations, critics, experts
or government agencies, with the testimonials clearly indicating the author’s
authority and knowledge
- A high salary or other substantial compensation for services compared to
others in the field
Individuals who wish to accompany an O-1B beneficiary must petition for
an O-2 visa and must demonstrate that they are “essential”
to the completion of the O-1B’s production, with critical skills
and experience that cannot be readily performed by a U.S. worker.
Applying for an O-1B Visa
To apply for an O-1B visa, petitioners must file Form 1-129, Petition for
Nonimmigrant Worker, with the USCIS within one year prior to the actual
need of their services. It is recommended that this form be filed at least
45 days prior to the date of employment to minimize delays.
Applicants must also provide the following:
- A written advisory opinion from a peer group or person of expertise in
the beneficiary’s field, such as an appropriate labor union or management
- A copy of any written contract between the petitioner and beneficiary,
or a summary of the terms of an oral agreement between the parties, including
what is being offered and accepted
- An itinerary explaining the nature of the events or activities and their
starting and ending dates
Questions About O-1B Visas? Contact Us Today
Like most immigration matters, petitioning for an O-1B or any other type of
employment visa can be an immensely complex procedure which can expose petitioners and
beneficiaries to a wide margin for error. At USILaw, our Montgomery County
immigration lawyers are highly knowledgeable regarding the various laws
which influence immigration matters and can handle the legal heavy-lifting
on your behalf. With 24 hour availability and personalized attention dedicated
to each case, we have what it takes to help you navigate through the immigration
process with ease.
Get in touch with us online today to find out more about how we can assist you.