The O Visa classification consists of three visas: O-1, O-2, and O-3. The O-1 visa is for individuals with extraordinary abilities within science, arts, education, business, or athletics at the national or international level. Individuals with a record of extraordinary achievements within motion picture and/or television can also apply for the O-1 visa as long as the work performed is in an area of extraordinary achievements.
O-2 visas are for supporting individuals of the O-1 visa holder, and the relationship between the O-1 and O-2 visa holder must have been long lasting. The spouse and unmarred children of O-1 visa holders are entitled to O-3 visas to come to the Unites States with the main O-1 visa holder.
Eligibility Requirements:The work performed must be temporary. The individual must possess skills that are extraordinary within the field of sciences, arts, education, business, athletics, or within the field of motion picture or television industry.
Examples of proof of extraordinary ability can be contracts, awards, nominations, prices, published material, or similar documentation reflecting the nature of the individual’s achievement.
An "Outstanding Researcher or Professor" EB-1(b) petition is for those who are internationally recognized as outstanding in a particular scientific or scholarly field. There are three three main requirements for someone seeking a petition as an "Outstanding Researcher/Professor", including:
- International recognition as being outstanding in a specific academic field;
- At least three years of relevant research or teaching experience: Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. The alien must document his/her work history with letters from current and/or former employers describing work duties and years of employment;
- A job offer for a permanent research position or a tenured or tenure-track teaching position: Generally, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private employer, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field.
Outstanding Professors and Researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenured or tenure-track teaching or comparable research position at a university or other institution of higher education.
If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field. The employer must file the petition for an outstanding professor or researcher, while the EB-1 worker of extraordinary ability may petition for himself or herself.
Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in associations that require their members to demonstrate outstanding achievements;
- Published material in professional publications written by others about the alien's work in the academic field;
- Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
- Original scientific or scholarly research contributions in the field;
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
National Interest Waivers
In general there are two things that have to be shown in order to obtain a National Interest Waiver. One is that the position is in the national interest of the United States, which means that it must be important to the whole United States and not just one individual company, city, or region. Secondly, it is not enough just to be working in the area of national interest, but that the petitioner must make a real "contribution" or "impact" in that area.
A successful National Interest Waiver applicant must also be considered "above" the average person working in that same area of national interest. These are very general guidelines. Because employment based permanent residence and the national interest waiver are complex processes requiring considerable expertise, it is very important to have the assistance of an employer's immigration specialist or a qualified immigration attorney.
If you are thinking about obtaining employment based permanent residence in the US or a national interest waiver, it is a good idea to consult with an immigration attorney early on to get a clear understanding of the factors that are likely to be important in your case. You should consider such a consultation even if you don't yet have a permanent job, since the knowledge you gain may help you in negotiating with an employer or deciding which job offer to accept.
PERM Labor Certification
The PERM process is a complicated process. It involves a thorough review of the alien beneficiary’s qualifications, the position offered and the employment setting, the strategic design and requirements of the job, the detail arrangement and follow-up of the recruitment schedules, the compliance of recruitment procedures, and the proper documentation and technical check in the forms.
Labor certification application through PERM is a complicated process. Please Contact us for a professional assistance.