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O-1 (Talent) Visa: The New Era

Blog

O-1 (Talent) Visa: The New Era

Calvin Azadi

The O-1 visa is a non-resident U.S. visa for people who:

  • demonstrate extraordinary ability and talent in a professional field.

  • have been recognized nationally or internationally for achievements in said field.

  • have a job offer from a U.S. employer (or multiple U.S. employers, through an agent – see below) to work within said field.

Now for a few things you might not know…

The O-1 visa has been modernized. Through recent cases that have set a precedent with USCIS, new and exciting opportunities have become available to qualify for this visa, for business owners, models, social media brand ambassadors, and more. 

 Want to find out more? Read on, and let’s debunk 5 key myths about the O-1 (talent) visa!

 

Myth Number 1: the O-1 visa is only for movie stars and celebrities.

Wrong! Professionals from many different fields can qualify for an O-1 visa - not just those that work in Motion Picture/Television or the Arts.

There are two categories of O-1 visa; the O-1A, for those with extraordinary talent in the fields of business, science, technology, gastronomy, and even sports (coaches, trainers, etc.), and the O-1B, which covers the Arts and Motion Picture/Television.

In recent years, Azadi Law has obtained O-1 visa status not only for film actresses (UK), assistant film producers (Venezuela), photographers (Spain), and musicians (Venezuela), but also for:

-   Fashion Designers

-   Chefs

-   Sports Coaches

-   Business Executives & CFOs

-   Social Media Content Creators (directing and producing YouTube videos and other media at a high level)

-   Social Media Personalities, Models, and Influencers, by qualifying them as brand ambassadors under the O-1B visa category.

Do you fit into one of these categories? Don’t hesitate to schedule a consultation with us today.

Myth Number 2: to qualify for the O-1 visa, you’ve got to be famous.

Wrong! To qualify for an O-1 visa, you simply need to have extraordinary ability. Many talented people in the fields of science, gastronomy, and business, for example, are not ‘famous’ but still qualify. 

Take some of our previous clients, for example:

-   Pastry Chef (Italy): this client was not considered famous and had only been recognized in local news. However, his high-quality recommendation letters from Michelin-star chefs and restaurant owners he had previously worked with, demonstrating his key role in the success of said restaurants, were sufficiently persuasive.

-   Tech Executive and CFO (Argentina): this client was not well-known or a household name - he simply excelled in his field. He had a top-quality education from Stanford, commanded a high salary, had worked for important companies in executive positions, and helped shape the FinTech industry in his home country.

-   Drummer (Venezuela): although she was a band member for a highly successful Latin American pop/reggaeton duo, this client was not considered famous in her own right. There was almost nothing published about her online. However, as we could prove her crucial role in the success of this famous entity, we obtained an O-1 visa for her.

 

Myth Number 3: to qualify for the O-1 visa, you must have won awards.

Wrong! You do not need to have won an award; while having done so is one of the potential qualifiers for an O-1 Visa, it is not essential. Something that probably is essential for an O-1 visa? Being a high-level employee (of managerial or executive level, or equivalent in your field).

Let’s look at some previous Azadi Law success stories:

-   TV Show and Film Producer (Colombia): this client had never made an internationally recognized TV show or film. None of his films had won an Oscar, nor his shows an Emmy. However, he had worked in the industry for a considerable amount of time, with some relatively successful people, and had produced some relatively successful shows on a national level. All of this was sufficient to obtain an O-1 visa. 

-   Photographer (Spain): this client had never won an award in their field. However, with top quality support letters, and having previously worked with globally renowned brands and celebrities, he obtained an O-1 visa with Azadi Law.

-   Tennis Coach (Sweden): this client had never won an award (nor had he commanded a particularly high salary). At just 27 years old, he had been coaching for less than 5 years when he applied for an O-1 visa. However, he had coached some very successful tennis players; because of this, his visa was granted.

 

Myth Number 4: you may only work for one U.S. employer at a time, on an O-1 (talent) visa.

Wrong! If you use a filing agent as your sponsor, instead of a single employer, you can work for multiple employers during your O-1 visa validity period. 

Many talented people don’t want to work as a 9-5 employee for just one company - we get it! Using a filing agent is, thus, an attractive option for certain applicants who are looking for more freedom and flexibility. 

Azadi Law P.A. has acted as the filing agent for many successful O-1 visa applications. Take one of our recent case approvals:

-   Social Media Content Creator (Venezuela): this 24-year-old client, who had never had a U.S. visa before, used Azadi Law as her filing agent so that she could work with multiple brands during her O-1 visa validity period. We qualified her as a brand ambassador. Her high number of followers and the high salary she commanded were key factors in the approval of her case.

Are you interested in using Azadi Law as a filing agent for your O-1 visa? Contact us to learn more. 

Myth Number 5: you cannot apply for an O-1 visa as the owner of your own company.

Wrong! As long as you are not the sole company owner, and as long as your company is operational at the time you apply, you can be an owner of the company that sponsors your O-1 visa. 

This option originally became popular through tech start-ups but can apply to many types of companies. For example, Azadi Law P.A. obtained an O-1 Visa for the Latina co-owner of a fashion company.

 

So, there you have it: some brand-new, exciting opportunities to live and work in the United States under the O-1 (talent) visa category. These provide an attractive alternative to the often-frustrating lottery system of certain other visas such as the H-1B work visa.

Don’t forget that the O-1 visa can also be used as a stepping stone towards an eventual EB-1A visa, which leads to permanent residency (a Green Card!) in the U.S. Sounds appealing? Get in touch with our friendly staff today to schedule a consultation!