Application Process O-1 Visa for Physicians and Researches

In order to make a strong petition for an O-1 visa, the following documentation should be submitted along with the petition form:

Consultation

Contract

Itineraries

Document -> Consultation

A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary’s area of ability.

If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.

Documents of a consultation involve a written opinion from a contemporary group, which may include labor organizations, with competence in the applicant’s area of expertise.

If the petition for an O-1 visa is for the benefit of a person possessing extraordinary achievement in television or motion picture industry, the consultation should be issued by an appropriate labor union and a management organization with adept knowledge in beneficiary’s area of expertise.

There are two exceptions, a consultation will not be required in the following instances:

1. If a peer group or a labor organization with expertise in the area of beneficiary’s ability does not exist
2. If the beneficiary alien is only seeking a readmission to the U.S. within two years from previous consultation to perform the same services. A waiver request and a copy of the previous consultation must be submitted by the petitioners.

Document à Contract

A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed.

Important:  USCIS will accept an oral contract, as evidenced by the summation of the elements of the oral agreement.  Such evidence may include but is not limited to: emails between the contractual parties, a written summation of the terms of the agreement, or any other evidence which demonstrates that an oral agreement was created.

The summary of the terms of the oral agreement must contain:

• what was offered by the employer
• what was accepted by the employee

The summary does not have to be signed by both parties to establish the oral agreement.  However, it must document the terms of the employment offered and that the beneficiary has agreed to the offer.

For purposes of proving an oral agreement, you may submit:

 

• Emails between the contracting parties
• Written summary of the terms of the contract.
• Other proof that an oral agreement has taken place.

The summary of Oral Agreement should include:

 

1. What was offered by the employer in the U.S.
2. What was accepted by the employee or beneficiary

The summary does not have to be signed by both parties because it suffices that the terms of the offer and acceptance are included.

Document à Itineraries

An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable (see the memorandum “Clarifying Guidance on “O” petition Validity Period” link to the right).

Itineraries will lay down the travel plan, schedule, agenda, timetable, and other programs included in the beneficiary’s travel within the period of stay in the United States. The series of events must be pointing toward the beneficiary’s extraordinary ability.