Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

Does an extraordinary ability make you eligible for an 0-1 visa?

On Behalf of | Feb 23, 2022 | US Immigration Law |

As someone born somewhere other than Florida or another part of the United States, you may need to secure a work visa, which authorizes you to live and work in the country. Different types of work visas exist, but if you possess an extraordinary ability, you may decide to pursue a 0-1 visa.

According to U.S. Citizenship and Immigration Services, you may be able to secure an 0-1 visa as a result of your extraordinary ability if you meet certain eligibility requirements.

Determining eligibility for an 0-1 visa

To get an 0-1 visa, you need to show that you have an extraordinary ability that has led to national or international acclaim. Conversely, you may be able to secure this type of employment visa by demonstrating how you have had extraordinary achievements within the entertainment industry. You may also be able to do so by proving that you are among the top professionals in the fields of science, education, business or athletics. You may, too, be able to prove extraordinary ability within the arts by showing that you have earned a high level of achievement or distinction.

Applying for the 0-1 visa

To begin the application process for an 0-1 visa, you first need to have a U.S. employer or agent file Form I-129 on your behalf. This individual must also submit any evidence he or she has that demonstrates your extraordinary ability. The agent or employer must make the filing within a year of the date he or she wants you to begin working and at least 45 days ahead of when he or she needs you. He or she must also supply a written advisory opinion, known as a consultation, from a peer group or labor organization within your given field.

If you hope to bring your foreign-born spouse or children with you when you move to the United States for work, you may need to also review the requirements for obtaining 0-3 visas.



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