If you are looking to come to the USA on a temporary visa, or information on whether or not you qualify for a change of status from one type of visa to another, our Los Angeles immigration lawyer at Arnaout Immigration Law Firm is here to help you. Specializing in all forms of temporary visas for a multitude of purposes, we are here to assist you.
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The O classification accommodates a wide range of talented or acclaimed foreign nationals who may not qualify in other work-related nonimmigrant categories such as H or L, or who wish to avoid them. Especially helpful to those in the arts and athletics, entertainers, chefs, and highly accomplished business people lacking professional degrees, O classification is a useful, flexible alternative to the H-1B program because it has no wage maintenance feature, no overall limit on time in classification, and no cap.
O-1 beneficiaries in the sciences, arts, education, business, or athletics must have extraordinary ability “demonstrated by sustained national or international acclaim.” “Extraordinary,” however, entails a high standard as applied to business persons, scientists, educators, and athletes, and a much lower one as applied to artists and entertainers. Foreign nationals intending to work in motion picture and television productions must show “a demonstrated record of extraordinary achievement,” a standard that falls somewhere in the middle.
Foreign nationals seeking to accompany O-1 foreign nationals in the arts, motion picture and television productions, and athletics can apply for O-2 classification. There is no corresponding statutory provision for foreign nationals to accompany scientists, educators, or business people. O-2 foreign nationals cannot work separate and apart from the O-1 foreign national in question.
P-1 status generally is available to internationally known athletes, individually or as part of a group or team, and entertainment groups. P-2 noncitizens are performing artists under the auspices of a bilateral reciprocal exchange program. P-3 noncitizens are culturally unique entertainers, teachers or coaches, whether individually or in a group. All three classifications include accompanying personnel. The P-4 category is for spouses and dependents of noncitizens in the foregoing categories.
The A visa-holders enjoy diplomatic immunity and, under the Vienna Convention or a separate consular treaty with their country, they are not subject to the jurisdiction of the United States. The A-1 visa is for heads of state, high military officials, certain officers assigned to diplomatic missions, and their immediate family. The A-2 visa is for other accredited officials of the foreign government and their immediate family. The A-3 visa is for attendants, servants, personal employees, and members of their immediate family.
These visas are for officials, employees, and dependents of international organizations that are quasi-governmental. Examples of such organizations are the United Nations (UN), the Organization of American States (OAS), the World Bank, and the International Monetary Fund (IMF).
In order to enter into and maintain any nonimmigrant status, a foreign national’s primary purpose in being in the United States must be to engage in activities consistent with that status.
When a person present in the United States in one nonimmigrant status wishes to change the nature of his activities to those permitted only under a different nonimmigrant status—for example, a B-2 tourist decides to attend school—that person has two options: (1) leaving the United States and applying for readmission in a new visa classification and, if necessary, first applying for the appropriate visa at a U.S. consulate abroad; or (2) applying for a change of status (COS) in the United States, if eligible.
Would you like a consultation regarding your temporary visa? Call our Los Angelesimmigration law attorney at (818) 276-9900.