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O-1 Visa - The U.S Employer Requirement

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The O-1 Visa is a type of work visa. However, an O-1 Visa is different from other work visas in that it is for individuals who possess extraordinary ability in certain fields. These fields include:

Sciences,

Arts,

Education,

Business,

Athletics, or

A demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.

The O-1 Visa application petition should be handled by the U.S. employer and not the individual applicant. The U.S. employer can be a company and can also be a U.S. agent.

If a U.S. company acts as the petitioner for the individual, the individual applicant cannot work for any other employer. The applicant must remain employed for the company for the entire duration of the O-1 Visa.

On the other hand, if a U.S. agent acts as the petitioner for the individual, the agent may be the actual employer. Where the agent is the individual's petitioner, the individual applicant has the opportunity to work for different employers via the U.S. agent.

There is no exception to the U.S. employer requirement for an O-1 Visa.

To determine if your U.S. employer or agent qualifies as a petitioner, please call us at (562) 464-6934 for a free consultation. At the Law Offices of Michael M. Felix, we specialize in obtaining O-1 Visas. We have worked on thousands of O-1 Visa applications and have over ten years of experience. With a 99.9% approval rate, we know what it takes to submit an approvable O-1 Visa application. Call us today.