Being Extraordinary in Your Field May Qualify You To Work in The U.S.
Q & A With Immigration Attorney Lynn E. Schwartz
By Fabrice Tasendo
Following the success of our last Q & A piece on same-sex
couples, marriage and how to get your green card, I sat down once again
with immigration attorney Lynn E.
Schwartz of Lemery Greisler LLC, to talk about a lesser known way to
legally get working in the U.S.
I was very impressed by comment, shares, likes and re-tweets from our last piece, and I have to say aside from the questions about specifics, the one comment I got the most was ‘that’s a lot of pressure to put on a potential life partner. Is there any other way to legally work and stay in the U.S.?’
I was very impressed by comment, shares, likes and re-tweets from our last piece, and I have to say aside from the questions about specifics, the one comment I got the most was ‘that’s a lot of pressure to put on a potential life partner. Is there any other way to legally work and stay in the U.S.?’
So once more I turned to Lynn, and started asking away. As it turns out, there are other ways a
person might come to live and work in the U.S., some of which are not as well-known
as others, and today we focused on one of them.
Q: Lynn, it’s great to see you again! In our last
conversation you mentioned another way for LGBT foreigners (and our straight
allies) to legally work in the U.S., if they were, as you said “extraordinary.”
What did you mean?
A: Certain non-US
citizens, like artists, scientists, business people, producers, athletes, people
working in the motion picture and television industry, and others may be able
to temporarily live and work in the U.S. by showing they are “extraordinary.” While many don’t know it, there is a visa for that: the O-1 visa for individuals who can document
that they have extraordinary ability or achievement in their particular field. With an O-1 visa, you may qualify to work and
live in the U.S. for up to three years.
In certain instances, you can extend the visa and remain beyond three
years. And for some interested,
qualified candidates, you can eventually gain permanent residence.
Q: When you say extraordinary, do you mean like “you've won a Golden Globe or an Academy Award” extraordinary?
A: Absolutely, but not necessarily. You can also be a DJ, a
designer, a make-up artist, or any number of other things, as long as you can
prove you are a standout in your industry or field.
Q: I see, so how do
you know if you are extraordinary or a standout?
This is obviously a very simplified summary; again, there
are many components of a viable O-1 petition, but these are the most basic
premises.
Q: So if you’re a
university professor and you’re well known internationally you could get an O
Visa?
A: Yes, or a business entrepreneur like yourself, or an
artist, or even a graphic designer who has been expressly identified as
critical to the winning of an industry award. You need to be among the best at
whatever it is that you do.
Q: And this is
something you do frequently?
A: Our law firm has secured these temporary O-1 visas for
television producers, physicians, entertainers, graphic artists, journalists
and numerous extraordinary others. You
develop your talent, and we develop your paperwork. By documenting what sets you apart from
others, we demonstrate that YOU are expressly and specifically needed to
produce a documentary, to perform at certain venues, to achieve certain business
goals or fulfill the terms of a contract or do a myriad number of other things
which require that special someone. So yes, if you are truly extraordinary,
there is a visa for that.
[Pause] I can see you’re thinking really
hard.
Q: I am. This is
nothing short of amazing! I remember having a programmer working for us that
was on an O visa (that programmer also happened to be gay) and I’m glad I get
to find out after all this time what an O visa was!
A: So obviously he or she was at the top of the field?
Q: Absolutely!
As we did before, comment / share / email me if you have any
follow-up questions or better yet check out Lemery
Greisler’s site or call Lynn’s office at 518.581.8800. She’s also on Facebook
https://www.facebook.com/LSchwartzLG
with regular news about the ever changing landscape of U.S. immigration, and
you can follow her at Twitter @LESLG12866.
Also make sure to read our previous piece about getting a green card on your way to happy ever after (above)
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