O Is for Extraordinary

O Is for Extraordinary

One of the purposes of the US immigration system is to attract the best, brightest, and most talented foreign nationals to ply their professional trade in the United States. It also tries to make the process as smooth as possible for these individuals. The O Visa encapsulates those ideas, providing up to three years of work authorization for extraordinary individuals. The visa is versatile. The NBA (National Basketball Association) tips off this week, the NHL (National Hockey League) dropped the pick this month, the MLB (Major League Baseball) is in full swing with the World Series, and MLS (Major League Soccer) kicks off its playoffs this week. The O Visa can be used for professional athletes. Artists of all kinds of eligible, a definition that can be expanded to include such professions as sommelier and chef. Scientists, doctors, and businesspeople are other common professions that utilize the O Visa.

The visa is meant for the extraordinary individuals in a field, which is adjudicated by USCIS through the fulfillment of criteria. It cannot be petitioned for individually, meaning there must be a sponsoring employer. The employer should have some sort of itinerary or contract to show that the foreign national will be needed for the amount of time requested on the visa (there are renewal options). The visa usually requires a letter from the appropriate labor organization or trade union in the profession, attesting that there is no objection to the foreign national obtaining the visa. The visa’s viability is contingent upon the beneficiary’s continued employment with the petitioner. A benefit to the visa is that it is usually adjudicated in a short amount of time. A drawback is that it does not allow for work authorization for the spouse of the principal O Visa holder, though it does allow for enrolling in classes.