Chicago, IL: O-1 classification allows foreign nationals who demonstrate extraordinary ability in the sciences, arts, education, business or athletics through sustained national or international acclaim to come temporarily to the United States to continue work in the area of their extraordinary ability. This visa type is also available to individuals who have a record of extraordinary achievement in motion picture and/or television productions. Extraordinary ability in science, education, business or athletics is defined as a level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor; in arts (including culinary arts and essential technical or creative personnel) it is defined as distinction, or a degree of skill or recognition substantially above that ordinarily encountered.
O-2 classification applies to an individual who is coming temporarily to the U.S. solely to assist in the artistic or athletic performance by an O-1, and who has critical skills and experience with the O-1 visa applicant. O visas require a written advisory opinion from an appropriate institution describing the beneficiary’s ability and achievements in the field and duties to be performed, or simply not objecting to the petition. The O classification is often a helpful alternative to other non-immigrant visas such as H-1Bs because this status can be extended nearly indefinitely and there is no “cap” (or October 1 start date for for-profit petitioners) or “prevailing wage” requirement, and those subject to the two-year foreign residence requirement are eligible for O-1 status. O petitions may be filed by employers or agents.
Immigration Law are statutes, rules, and regulations set forth by the national government that controls the legal status of a person’s citizenship and the flow of foreign and non-citizens into and within the country. The law will cover matters such as visas and permits such as work visas, tourist visas, student visas as well as matters of permanent residence (Green Card), deportation, citizenship, and naturalization. In the United States, Immigration Law is primarily managed by the Department of Homeland Security (DHS), which replaced the Immigration and Naturalization Service. DHS is divided into three distinct departments: United States Citizenship and Immigration Services (USCIS), the Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).
People can come to the U.S. on either a permanent or temporary basis. There are many different options that can be available and often it is difficult to discern which is the best choice as different visas have different requirements. The US immigration system is complicated and even minor mistakes in an application can lead to denial of a visa. While in any legal process there can be no guarantee of a result, due to the number of variables that are in play, the experience and dedication of a qualified immigration attorney can help alleviate many of the issues that can arise during the immigration process and significantly increase your chances of receiving an approval of your application.
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