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Writer's pictureCesar Duenas

Talent Visas: EB-1 & O-1 for Individuals with Extraordinary Ability



If you consider yourself a SUCCESSFUL actor, TV producer, musician, dancer, photographer, scientist, educator, entrepreneur, chef, or technologist, you might qualify for an O-1 or EB-1 Extraordinary Ability Visa.


The Extraordinary Ability category is designed to evaluate YOUR main achievements in your industry, not any relevant product, tools, or business you might have created.


How do you know if you qualify for an Extraordinary Ability Visa?


1. Have you received national/international awards or prizes for your excellent performance in your own name or attributable to you?

2. Are there articles in major media commenting on your performance and your significant achievements?

3. Have you received a high salary or high compensation for your services compared to the average in your field?

4. Have your publications been reviewed by other students or apprentices?

5. Have you performed a critical or leading role at distinguished organizations?

6. Do you have evidence of your commercial success?


These are the most common ways to prove your extraordinary ability. If you believe you meet at least 3 of the above-mentioned criteria, then you might be able to apply for an EB-1 or O-1. We can help you determine your eligibility, and we will be thrilled to find the perfect immigrant or nonimmigrant visa for you according to your interests and credentials.


Similarities and Differences:


O-1s and EB-1s require similar criteria, but the EB-1 has a higher standard of proof because it might lead to a green card if approved. That is, if the petitioner proves his extraordinary ability, he can apply for a green card afterward.


On the other hand, the O-1 allows the beneficiary to work in the United States in his area of extraordinary ability generally for a period of 3 years, which can be extended or renewed by the same or a different employer. The O-1 petition must be filed by a US employer, agent, or company on behalf of the beneficiary.



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