O1a Visa - Alien of Exceptional Ability

I often get asked how I can reside in the US and what visa I am on. It is the O-1 visa that I applied for while spending some time in LA in 2013. I was charmed by the creative and positive outlook of the city and its residents. Being one of the leading entertainment hubs of the worlds it also a place I thought to develop my skills and networks in my profession as a music entrepreneur. 

Broadly the O-1 is for highly skilled migrants to the US, or as the term goes 'aliens of exceptional ability'. A holder of this visa is a 'non-resident' which means you are still a resident in your own country (in my case NZ) rather than a US citizen. So a kiwi who is allowed to live and work in the US in his chosen profession. You are not a resident like the official Greencard makes you.

The O-1 is broken into 2 catagories - the O1a for business and the O1b for creatives (actors, musicians etc). In both cases you must stay in the role that you have applied under - that which you are exceptional in your home country. The basis is that you have reached a world class level in your chosen profession and you are living in the US to help build the economy with your specific set of skills.

Mine was applied for in 2013 and took 6 weeks to pull together using a visa agent in Hollywood. I pitched myself as the CEO of an entertainment company which is theory is what I was doing in NZ  in my 10 years founding, leading and building Rhythm Group. 

For my application I had to get together a number of documents - evidence of financial success, leading industry awards, extra-curricular activities in my industry, social achievements, along with leading character references. I had to get an expression of interest to be employed in the US, this via a friend who ran a production company in California. This was bundled into a thick, binded document along with a letter form my visa agent summarising the evidence and why I should be allowed in to the land of the free and home of the brave.

Once I was given the green light for my application I had to go into the US Consulate in Auckland for a final interview. This is when the visa was presented and now sits proudly in my passport. It is valid for 3 years and can be renewed relatively easily Im told, as long as you continue to upkeep your exceptional ability. I now get a friendly welcome on arrival at LAX and can come and go from the county with ease!

Once I entered the States I could then apply for Social Security, and my O1 gives credibility when building credit, taking out insurance, setting up companies etc.

One thing that I am prevented from doing is being a majority shareholder in a venture. For this I need a Greencard which is the next step of this process. I also have to remain in my chose profession (in theory). This will become particularly relevant when it comes to renew my visa in future.  So no acting, legal work or working in a burger joint!

This is only my guide, there is plenty of other ways to get visas - be it Greencard lotteries, bonded to US companies, student visas, 6 month holiday visas etc.

Here is the official details of the O1 application process below.

O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:

• O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

General Eligibility Criteria

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Evidentiary Criteria for O-1A

Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:  

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
• Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
• Original scientific, scholarly, or business-related contributions of major significance in the field
• Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
• A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
• Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish eligibility.