Persons of Extraordinary Ability

Honolulu, Hawaii Lawyer Helps Persons of Extraordinary Ability Qualify for Nonimmigrant and/or Immigrant Visa Benefits

Experienced immigration attorney serves individuals, employers and agents in bringing professionals of extraordinary abilities into the United States

The Law Offices of KahBo Dye-Chiew in downtown Honolulu assists employers in securing the talent of professional workers with extraordinary abilities. It is in the best interest of the United States to encourage persons who are within the small percentage of persons who have risen to the very top of their field of endeavor to enter the United States either on a temporary basis pursuant to the O-1 visa or on a permanent basis pursuant to Employment Based, First Preference Immigrant Visa Category (EB1 Group 1).

The articulated standards for both of these categories are similar and include the receipt of a major international award or at least three of the following criteria:

  • A national or international award
  • Membership in an organization in the field for which classification is sought requiring outstanding achievement
  • Published material about the person’s work in professional or major trade publications
  • Having been called on to judge the work of others in the particular field
  • Original work of major significance in the field
  • Authorship and publication of scholarly work in the field
  • Evidence that the person has been in a critical or essential employment capacity with an organization of distinguished reputation
  • Evidence that the person has or will command a high salary in the field

Nonimmigrant O-1 visa

For those individuals who have extraordinary abilities in the sciences, arts, education, business, or athletics (O-1A), the criteria used to determine their extraordinary ability are those articulated above. Persons in the motion picture or TV production business (O-1B), in order to qualify for the O-1B visa, need to show that they have a record of extraordinary achievements. An O-2 visa is available for persons who are accompanying the O-1 artist or athlete and whose skills are critical to the furtherance of their performance. Spouses and other dependents of the O-1 and/or O-2 visa holder can also obtain a visa to enter the United States.
Applicants for an O-1 visa must have an offer of employment in the United States. In certain circumstances, agents may act as the petitioner. O-1 visa applications must generally be accompanied by a letter from an appropriate labor union which describes the extraordinary abilities of the foreign national and confirms that they meet these standards.

Immigrant visas for extraordinary ability aliens

There is a corresponding immigrant visa for persons of extraordinary ability. However, qualification as an O-1 alien of extraordinary ability does not automatically qualify the foreign national for an immigrant visa as a person of extraordinary ability.

The petition for the alien of extraordinary ability has two levels of criteria which must be met: first, the foreign national must meet the criteria listed above and then, the foreign national must also show that he or she is one of the few who is at the top of their field. A foreign national who qualified for this immigrant visa category is not required to have a job offer and, therefore, is not required to engage in the labor certification process.

With 22 years in immigration law, Attorney KahBo Dye-Chiew has been successful in assisting petitioners and beneficiaries file the necessary forms and documents to successfully obtain both nonimmigrant and immigrant visas for persons of extraordinary ability.

Immigrant visas for outstanding professors and researchers

Researchers or professors who are employed by a U.S. university or other institution of higher education or a private employer who has been recognized for achieving documented accomplishments in academic research can also file a petition as an outstanding professor and researcher. The foreign national will have to show that he or she is recognized internationally as outstanding in the academic field and that he or she has had at least three years of experience in teaching and/or research in the academic field. This category requires a job offer from the U.S. employer but does not require the U.S. employer to engage in the labor certification process.
Kahbo Dye-Chiew

Get the assistance you need for professionals with extraordinary abilities

Call 808-542-5572 or Click Here  for assistance with immigration issues.