Diver Law Firm represents employers and individuals throughout the United States in all employment-based visa classifications, some of which can be structured in a way to give more freedom to the prospective foreign worker. In addition to other employment-based O-1 and P-1 visa classifications, we have expertise in agent-based nonimmigrant visa petitions, as well as permanent resident processes such as EB-1 extraordinary ability self-petitions for professional athletes, businesspeople, and many other outstanding individuals.

While most visa categories require an employer to sponsor you, this unique agent-based approach provides the prospective worker with the most versatility by allowing to benefit from multiple employers and sponsors while in the United States. Diver Law Firm prides itself on being client oriented and results driven. We represent businesses and individuals around the world, and we are available for telephone teleconference consultations where necessary.

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Individuals of Extraordinary Ability

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O-1A Nonimmigrant Visa & EB-1 Green Card

The O-1A and EB-1 visa classifications are for individuals who are risen to the very top of their fields however, they differ greatly. To be specific, the O-1A is a nonimmigrant or temporary visa whereas the EB-1A is an immigrant visa classification whereby you receive permanent residency in the U.S. It is important to know that both are based on a showing of extraordinary ability. While there are other O-1 and EB-1 classifications, this will only focus on O-1A and EB-1A visa categories. The table below shows some of the basic facts and most significant differences between the two visa categories.

The most telling difference is that the EB-1 is a permanent green card; you become a legal permanent resident whereas the O-1 is temporary. Because of this, United States Citizenship and Immigration Services (USCIS) requires a stronger and more convincing showing of extraordinary ability when adjudicating petitions. Oftentimes, individuals begin their immigration journey on the O-1A, build their professional credentials in the U.S. for 3-5 years, and then begin the EB-1 process. In any event, each of these categories require a major internationally recognized award, such as a Nobel Peace Prize, Olympic Medal, or similar accomplishment. In the alternative, both list lesser evidentiary criteria, which at least three must be met.

Although both require a showing of extraordinary ability, different levels of scrutiny are applied and varying evidentiary standards are required for each. While the evidentiary standards closely mirror one another, it is always important to consult with an experience immigration attorney that can determine which avenue is best for you.

Eligibility Requirements for O-1A

Evidentiary Criteria for O-1A Visa (For Non-Artists)
For individuals to prove eligibility for the O-1A Visa, they must have recieved a major, internationally-recognized award, or produce evidence of three (3) of the following items:

  • Winning of any relevant nationally or internationally recognized awards or prizes

  • Membership in industry-related associations which require outstanding achievement as a prerequisite (e.g. Hall of Fame, etc.)

  • Published content in major trade publications, professional journals, newspapers or other major media outlets highlighting the beneficiary and the beneficiary’s contributions to the field

  • Original contributions of major significance to scientific, scholarly, or business-related fields

  • A high salary in their industry or other significant compensation for their professional services

  • Participation as an industry expert on a panel, or individually, as a judge of the others’ work in the same or related fields of specialization

  • Employment in an essential role for organizations and establishments with a prominent reputation of excellence.

Eligibility Requirements for EB-1A

Evidentiary Criteria for EB-1A Immigrant Visa (First Preference)
For individuals to prove eligibility for the EB-1A Immigrant Visa, they must have demonstrate extraordinary ability in the sciences, arts, education, business, or athletics though sustained national or international acclaim by producing evidence of three (3) of the following items:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

  • Evidence of your membership in associations in the field which demand outstanding achievement of their members

  • Evidence of published material about you in professional or major trade publications or other major media

  • Evidence that you have been asked to judge the work of others, either individually or on a panel

  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

  • Evidence that your work has been displayed at artistic exhibitions or showcases

  • Evidence of your performance of a leading or critical role in distinguished organizations

  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

  • Evidence of your commercial successes in the performing arts

The criteria presented above demonstrates how closely related the two visa classification are. While a person may be approved on O-1 criteria, it is important to note they may not be eligible for an EB-1. Obviously, the approval of an O-1 is valuable insight into the prospect of an EB-1 green card but it should not be solely relied on. It is also important to understand that other visa categories will require an employer to sponsor your nonimmigrant or immigrant visa petition. Others may also need approval from the Department of Labor, which certifies that the employment situation will not adversely impact American workers.

Diver Law Firm has worked with foreign nationals to help them navigate through the complicated maze of the employment-based immigration process to the United States. Call us today at (405) 896-8080 to better understand the eligibility requirements for the O-1A or EB-1A visa classifications. It is vital you discuss your credentials with an experienced immigration attorney who can help save time and money on your journey to the U.S.

Agent-Based O & P Visa Petitions

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Elite professional athletes have immense physical talents that afford them countless opportunities not always accessible to other people. There is no reason to have that ability limited by obtaining an ill-advised immigration classifications or not consulting with an experienced immigration attorney.

Agents

United States Citizenship and Immigration allows for O and P visa petitions to be filed by a number of interested parties including the U.S. employer or sponsor, a foreign employer through a U.S. agent, or a U.S. agent. A U.S. Agent may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent. Where an agent is the petitioner, multiple employers, sponsors, and events can be included into a single filing. On the other hand, where the U.S. employer or sponsor functions as the petitioner, the beneficiary can only include the employment and activities with that petitioner; any additional sponsor or employer will need to file a separate petition.

It is important to note that a contractual agreement must be provided with the petition so USCIS can determine that the agent is functioning as the employer of the beneficiary. The contractual agreement should establish the type of working relationship between the agent and beneficiary and should clearly lay out how the beneficiary will be paid. While the regulations do not contain a prevailing wage requirement, the petition must be submitted with evidence regarding the wage offered. The contractual agreement should include a wage and a description of the wage or fee structure that is agreed between the actual employer, the beneficiary, and the agent.

Requirements for Agents

Agent-based O and P petitions must include the following:

  • Supporting documentation including a complete itinerary of the event or events which specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed;

  • Contracts between the actual employers and the beneficiary; and

  • An explanation of the terms and conditions of the employment with required documentation.

Agent-based O and P visa petitions can provide significant benefit to the foreign worker. It can also help avoid costly filing fees, multiple procedural obstacles and wait times, and complications or confusion with authorized employment. For years, Diver Law Firm has helped world-class professional athletes and businesspeople benefit from agent-based O and P visa petitions allowing for multiple sources of income and itineraries. In most cases, Diver Law Firm will serve as agent-petitioner for no additional charge, giving our clients the most versatility and benefit from their O or P immigration status.