If you’re someone who possesses extraordinary talent or abilities, you likely qualify for a visa or green card! This will grant you access to the United States. However, understanding this process and the eligibility requirements can be complex. The following blog explores what you must know about these circumstances and how to qualify for this form of visa or green card. You’ll also learn how a New York City immigration lawyer can help you navigate the complexities of determining eligibility and applying for a green card or visa for your extraordinary ability.
What Are the Classifications to Receive a Visa for Extraordinary Ability or Achievement?
Generally, when someone possesses extraordinary abilities, they can apply for two forms of entry into the United States. The first is through a temporary O-1 nonimmigrant visa. However, there are four classifications of those who can apply for this form of vias:
- Individuals who possess extraordinary abilities in science, education, business, or athletics are eligible for an O-1A visa.
- Those who demonstrate extraordinary ability in the arts, motion picture, or television qualify for an O-1B visa.
- Someone who will accompany the O-1 individual to an event can receive an O-2 visa.
- Finally, the spouse and minor children of an O-1 or O-2 visa holder may apply for an O-3 visa.
However, those looking for permanent residence who possess extraordinary abilities can apply for an EB-1 green card. This will grant entry into the United States to those with extraordinary ability in the sciences, art, business, education, and athletics or who possess international acclaim. It’s essential to note that you do not need to have active employment lined up before applying for an EB-1 green card.
What Are the Eligibility Requirements?
Generally, if you are applying for an O-1, you must have temporary employment lined up. Additionally, the United States will look for evidence, such as awards from well-known and recognized institutions or conferences, membership in these organizations, participation in distinguished media productions, published reviews in magazines or newspapers, and even box office results.
However, those looking to apply for an EB-1 visa will find they have much stricter requirements. Because they are applying for permanent residency, the qualifications for these green cards mean that you must meet more criteria. Generally, those who have won an Oscar, Nobel Prize, Olympic Medal, or other internationally acclaimed award can apply. If you are someone who has not won an award of such caliber, you can still apply based on alternative criteria. However, you must meet three of the ten qualifications.
Unfortunately, the application process for visas and green cards in the United States can be incredibly complex. There are specific requirements that must be met, confusing forms that must be accurately completed, and other steps that one must take to even be considered for a green card or visa. As such, ensuring you have an experienced attorney ready to help you through this process is crucial. At the Law Office of Jason A. Dennis, we can help you navigate the steps to increase your chances of a favorable outcome. Contact us today to learn more.