Attorneys and foreign nationals are reporting that US consular officers in Europe are denying O-1 visas for individuals who “possesses extraordinary ability” or a “demonstrated record of extraordinary achievement” based on the March 11, 2020, presidential proclamation (PP 9993) that restricted travel to the US from the Schengen Area, which includes twenty-six European countries. This March 11 proclamation stated: “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited.” (Other proclamations enacted similar travel restrictions for other countries including England, Scotland, Wales, Northern Ireland, and the Republic of Ireland, as well as Brazil.)
Read moreThe O-1 Visa: Top 10 Misconceptions
We originally published this post back in 2013 (as 5 misconceptions), and it has consistently ranked as one of our most read posts. And for good reason: the O-1 visa category is one of the most popular, especially for those who work in the arts, design, and film and television (although, as we discuss below, the O-1 can be a good option for all sorts of professions and industries). Since it’s been a number of years, we wanted to add some updates and clarifications and, yes, a few more misconceptions that often come up for foreign nationals who already have an O-1 or are interested in obtaining this visa type . - Protima
1. The O-1 is a “freelance” visa
There is no such thing as a “freelance” work visa in the United States. With very few exceptions, nearly every work visa in the US must be sponsored by a legal and operating US company or agency.
Read moreVisa Options for Entrepreneurs
Sometimes US immigration law doesn’t provide clear visa options for people looking to work in America. These individuals are daunted by the process, and as attorneys we often feel like we are trying to fit a round peg into a square hole. But at other times, thankfully, there is more than one option for a client and so it’s our job to talk them through the choices to see which is the overall best fit. This can happen, in particular, with some entrepreneurs who are interested in opening up their own business in the US.
Read moreO-1 Visas: Not Just For Artists
One of the most common visa types our law firm prepares is the O-1 for individuals with extraordinary ability or achievement. The O-1 is a temporary work visa granted in three-year increments with one-year extensions—allowing individuals of extraordinary ability to work in the United States for a single employer or sponsor. We’ve written a great deal about the O-1, from highlighting common misconceptions to imagining an O-1 consultation with a certain undersea character; however, one common misconception we have not spent a lot of time correcting is the assumption that O-1 visas are only for “artists.” While many artists are covered under this visa category, the defining characteristic of the O-1 is actually “extraordinary ability,” a distinction that can be made in nearly any field or industry.
Read moreUnion and Peer Group Consultation Letters for O Visa Petitions: a Q&A
Obtaining a US work visa can be a complex and daunting process. To obtain an O-1, for example, petitioners/sponsors must gather evidence to establish that the foreign national they wish to employ or represent is extraordinary. This evidence may include press citations, critical reviews, samples of the foreign national’s work, contracts, endorsements, testimonials, and evidence of high salary, among other items. So it’s understandable that after all the evidence is obtained and the O-1 petition is prepared and signed, many petitioners and their foreign national beneficiaries are surprised to find out that before their cases can be filed with US Citizenship & Immigration Services (USCIS), the petitioner/sponsor needs to obtain a “consultation letter” from a relevant labor organization or peer group.
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