Chapter 24 Getting a Visa as a Temporary Worker in a Selected Occupation (o, P, or R Visa)

• Library: U.S. Immigration Made Easy (Nolo) (2023 Ed.)

CHAPTER 24 Getting a Visa as a Temporary Worker in a Selected Occupation (O, P, or R Visa)

A. Do You Qualify for an O, P, or R Visa?

1. O-1 Visas: Persons of Extraordinary Ability in the Arts, Athletics, Science, Business, and Education
2. O-2 Visas: Support Staff for People With O-1 Visas
3. O-3 Visas: Accompanying Relatives of Those With O-1 and O-2 Visas
4. P-1 Visas: Outstanding Athletes, Athletic Teams, and Entertainment Companies
5. P-2 Visas: Participants in Reciprocal Exchange Programs
6. P-3 Visas: Culturally Unique Groups
7. Support Personnel for P-1, P-2, and P-3 Visa Holders
8. P-4 Visas: Accompanying Relatives of People With P-1, P-2, and P-3 Visas
9. R-1 Visas: Religious Workers
10. R-2 Visas: Accompanying Relatives of Those With R-1 Visas

B. Quick View of the O, P, and R Visa Application Process

C. Step One: Your Employer or Agent Submits a Petition

1. Simultaneous Change of Status If You're Already in the U.S
2. Assembling the Petition
3. Mailing the Petition
4. Awaiting a Decision on the Petition

D. Step Two: Applicants Outside the U.S. Apply to a U.S. Consulate........593

E. Step Three: Visa Holders Enter the U.S

F. Extending Your U.S. Stay

1. Extension Petition
2. Visa Revalidation

A few types of short-term work visas are available to people doing specialized work. These include O and P visas for certain outstanding workers in the sciences, arts, education, business, entertainment, and athletics and R visas for religious workers. (See I.N.A. § 101(a)(15)(O), 8 U.S.C. § 1101(a)(15)(O), 8 C.F.R. § 214.2(o); I.N.A. § 101(a)(15)(P), 8 U.S.C. § 1101(a)(15)(P), 8 C.F.R. § 214.2(p); and I.N.A. § 101(a)(15)(R), 8 U.S.C. § 1101(a)(15)(R); 22 C.F.R. § 41.58; 8 C.F.R. § 214.2(r).)

A job offer from a U.S. employer is a basic requirement for all these visas. There is no annual limit on the number of people who can receive O, P, or R visas.

SEE AN EXPERT

Do you need a lawyer? You can't apply for an O, P, or R visa without having an employer first—and it's in your employer's interest to hire a lawyer to help. A lawyer can help make sure that your application gets done right the first time.

A. Do You Qualify for an O, P, or R Visa?

Pay close attention to the eligibility criteria for these visas: The O, P, and R visa categories are quite narrow in scope.

1. O-1 Visas: Persons of Extraordinary Ability in the Arts, Athletics, Science, Business, and Education

O-1 visas are available to persons of proven extraordinary ability in the sciences, arts, education, business, or athletics. To be considered a person of extraordinary ability, you must have sustained national or international acclaim in your field, or, if you work in motion pictures or television productions, you must have a demonstrated record of extraordinary achievement. O-1 visas can be given only on the basis of individual qualifications. Membership in a group or team is not by itself enough to get you the visa. In addition, you must be coming to work or perform at an event or a series of events in the area of your extraordinary ability. The term "event" is interpreted liberally outside the fields of athletics and arts and can include, for example, an ongoing research project for a private company.

a. Extraordinary Ability in Science, Education, Business, or Athletics

To meet O-1 standards, you must be able to show that you have extraordinary ability and that you have received sustained national or international acclaim. This can be demonstrated if you have gotten a major internationally recognized award, such as a Nobel Prize, or if you have accomplished at least three of the following:

• received a nationally or internationally recognized prize or award for excellence
• attained membership in associations that require outstanding achievements of their members in your field of expertise, as judged by recognized national or international experts
• been the subject of published material in professional or major trade publications or major media discussing you and your work
• participated, on a panel or individually, as a judge of the work of others in your field
• made an original scientific, scholarly, or business-related contribution that is of major significance in the field
• authored scholarly articles in professional journals or major media
• been previously employed in a critical or essential capacity for an organization with a distinguished reputation, or
• commanded a high salary or other outstanding remuneration for your services.

Key Features of the O, P, and R Visas

Here are some of the advantages and disadvantages of these specialized work visas:

• You can work legally in the U.S. for your O, P, or R sponsor. If, however, you want to change jobs, your current or new employer will need to file a petition for you.
• O, P, and R visas can be issued quickly.
• O visas will be granted for the length of time necessary for a particular event, up to a maximum of three years, with unlimited extensions in one-year increments.
• P visas will be granted for the length of time needed to complete a particular event, tour, or season, up to a maximum of one year. However, P-1 athletes may be admitted for a period of up to five years with one extension of up to five years.
• R visas will be granted initially for up to 30 months, with extensions up to a maximum total of five years.
• You may travel in and out of the U.S. or stay continuously for as long as your visa stamp and status are valid.
• Your spouse and unmarried children under age 21 may accompany you, but they may not accept employment in the United States.

If the above criteria do not readily apply to your occupation, the company petitioning for you may submit comparable evidence in order to show that you are "extraordinary." Your petitioner will need to explain why the above criteria do not apply.

TIP

Describe your field as narrowly as possible in order to demonstrate your national or international acclaim. If, for example, you are an environmental engineer whose specialty is hydrology, and many of your scholarly papers are in the area of predicting soil erosion from water runoff, then define the field as "soil erosion engineering" rather than "environmental engineering." The reason for this is that O-1 visas are given to the big fish of the fields. If your field is as big as the Pacific Ocean then no fish will look particularly big. If your field is a fish tank, then you give yourself a good shot at looking like a major player.

b. Extraordinary Ability in the Arts

If you are applying as an O-1 individual of extraordinary ability in the arts, you should first make sure your work fits the definition of art. The category of arts is defined broadly in the USCIS regulations, to include:

... any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. [Individuals] engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.

(See 8 C.F.R. § 214.2(o)(3)(ii).)

You must also be coming to the U.S. to perform in the area of extraordinary ability and must be recognized as prominent in your field of endeavor. You can demonstrate your recognition with documents showing that you have been nominated for or have received significant national or international awards or prizes in your particular field, such as an Oscar, an Emmy, a Grammy, or a Director's Guild Award. Alternatively, you can supply (to your employer, for submission on your behalf) at least three of the following forms of documentation:

• evidence that you have performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publication contracts, or endorsements
• evidence that you have achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other publications
• evidence that you have performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials
• evidence that you have a record of major commercial or critically acclaimed successes (as evidenced by title, rating, standing in the field, box office receipts, motion pictures, or television ratings) and other occupational achievements reported in trade journals, major newspapers, or other publications
• evidence that you have received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field. Such testimonials must be in a form that clearly indicates the author's authority, expertise, and knowledge of your achievements, or
• evidence that you have either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

If the above criteria do not lend themselves to your situation, your petitioning employer may submit alternative but comparable evidence in order to establish your eligibility.

2. O-2 Visas: Support Staff for People With O-1 Visas

O-2 visas are available to people who work as essential support personnel of O-1 athletes and entertainers. O-2 visas are not available in the fields of science, business, or education. O-2 workers must be accompanying O-1 artists or athletes and be an integral part of the actual performance. The O-2 worker must also...