Tag Archives: Extraordinary Ability visa

Work Visas

Work Visas | Rothrock Immigration Lawyer | Naples | Fort Myers | Boca Raton

Work Visa USA | US Immigration Lawyer Carl Rothrock

Immigration Attorney Carl Rothrock standing in front of the bar he rebuilt after Hurricane Charlie. Carl is a licensed Florida Contractor in addition to being a licensed attorney. He understands the day to day struggles of the small business owner.

Carl Rothrock is a U.S. business immigration attorney who has successfully filed work visas for applicants from all over the world. He has offices throughout Florida, including Naples, Fort Myers, Miami, and Boca Raton.  He has filed thousands of cases, including EB1, EB2, NIW, EB3, EB5, O, P, H1B, and TN applications.  In addition to being a licensed attorney, Carl is also a licensed Florida Building Contractor and has developed several real estate developments throughout Florida. As a small business owner, he understands the frustrations of the small business owner. Good workers are hard to find, and they are harder to keep. Many foreigners want to achieve the American dream and will work hard to prove themselves. They bring with them richness and culture of their countries and are eager to please their employer if given a chance.

Permanent Work Visas

An employer may sponsor an employee for a permanent job.  The permanent residence card is also known as a “green card.”  If the petition is approved, the employee’s spouse and children under 21 may also receive green cards.  There are three primary categories of business visas.  The first is the “EB1,” visa.  The second is the “EB2” visa.  The third is the “EB3” visa.  The government limits the number of visas each year in each category by country of citizenship as well as type of visa.  Some of these categories require the applicant to have a job offer while others do not. Visit our pages for these visas to learn more.

Temporary Work Visas

In addition to sponsoring an employee for permanent residence, an employer may sponsor an employee to work for a temporary duration.  Most categories require the employee to hold a professional degree, license, or high level of skill.  Common types of temporary visas are the TN Visa, the E1 and E2 treaty visas, the L visa, the O visa, the P visa, and the H1B visa. The employee’s spouse and children under 21 may accompany the employee to the United States.  Many foreigners enter the US. under the temporary work visa until they can locate an employer who will sponsor them for permanent employment. The Rothrock Law Firm has counseled many clients to achieve this goal.

Work Visas for Unskilled Laborers

The U.S. government allots a very small percentage of permanent work visas for people who have unskilled labor. If people who work unskilled jobs wish to gain permanent residents in the United States, they often enter the United States to work temporarily. Eventually, they meet and marry a U.S. citizen. Once they marry a citizen, they obtain a green card through marriage.  The H2B program and the J1 Exchange program allow unskilled workers to find temporary work in the United States. At this time, it is very difficult to find permanent employment in the U.S. through a work visa for unskilled workers.

Schedule a Consultation with an Experienced Immigration Attorney Today

Carl Rothrock is an experienced Florida immigration lawyer with offices in Naples, Fort Myers, and Boca Raton, Florida.   He has been licensed to practice law since 1989 and has successfully filed business visa applications for people all over the world.  Mr. Rothrock is admitted to practice before all Immigration Courts in the United States.  He provides representation to clients within and outside the U.S.  To schedule a free initial consultation, call Rothrock Immigration Lawyer today.

O1 Visas

O1 Visas | Rothrock Immigration Lawyer – Miami, Boca Raton, Naples

O1 Visa | Carl Rothrock Immigration Lawyer | Miami | Naples | Boca Raton

Immigration Attorney Carl Rothrock files O1 Visa Petitions.

U.S. immigration attorney Carl Rothrock files O1 visas for people in the field of entertainment, sports, and business. The O visa allows people to enter the United States who possesses extraordinary ability in the sciences, arts, education, business, or athletics.  In addition, the O visa permits people to enter the U.S. who have demonstrated a record of extraordinary achievement in the motion picture or television industry.

Types of O1 Visas

O visas comprise three categories:

  • The O visas allow people who hold extraordinary ability in the sciences, arts, education, business, or athletics to work in the U.S.
  • The O2 visa permits the artist’s or athlete’s support staff to enter the U.S.
  • The O3 visa allows the visa holder’s spouse and children to accompany the visa holder to the U.S.

Requirements for O1 Visa

  1. Employer or Agent Sponsor. The O visa requires a contract with a U.S. employer or agent. An individual may not petition himself or herself.
  2. Advisory Opinion. O visa petitions must include an advisory opinion from a trade or consulting organization or peer group. The opinion must state the individual has a reputation of extraordinary ability. If there is no applicable peer group, the applicant may substitute letters from experts in the field. The opinions or letters must prove the individual has already achieved the top level in her or his field. Click here to see the organizations who submit advisory opinions for O visa applications.
  3. Extraordinary Ability. In order to qualify for an O temporary visa, the individual must have extraordinary ability in the arts, sciences, or athletics.  Extraordinary ability can be shown in one of two ways.  First, the applicant may demonstrate a one-time achievement such as an Olympic Medal, Academy Award, or Nobel prize or Grammy.  Alternately, the applicant may show national or international recognition.  In July of 2022, the U.S. government found that a competitive government grant for STEM research may be considered a factor in demonstrating extraordinary ability.

O Visa Attorney | Rothrock Immigration Lawyer

To schedule a consultation, call Rothrock Immigration Lawyer at (239) 206-2363.

EB1 Visa

EB1 Green Card | Rothrock Immigration Lawyer | Naples | Miami | Florida | US

EB1 Visa | Rothrock Immigration Lawyer Naples | Miami | Florida | USA

Carl Rothrock is Florida immigration attorney who files EB1A visas for citizens who hold extraordinary abilities.

U.S. immigration lawyer Carl Rothrock has filed thousands of cases from over 100 countries, including EB1 visa applications.  A foreign citizen may apply for an EB1 visa to obtain a green card without labor certification.  If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can then  apply for citizenship after five years.  There are three categories of an EB1 visa in which the foreign citizen may apply:  1) Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.

EB1Visa for Aliens of Extraordinary Ability (EB1A) | Rothrock Immigration Lawyer Miami, Naples, Fort Myers, Boca Raton

In order to qualify for an EB1 visa as an “alien of extraordinary ability,” the applicant must prove that he or she has an extraordinary ability in the sciences, arts, education, business, or athletics.  The applicant must show that his or her achievements have been recognized in his or her respective field.  An applicant must prove that he or she meets three out of ten criteria below:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in associations in the field which demand outstanding achievement of their members
  • Published material about the applicant in professional or major trade publications or other major media
  • Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
  • Applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Authorship of scholarly articles in professional or major trade publications or other major media
  • Work has been displayed at artistic exhibitions or showcases
  • Performance of a leading or critical role in distinguished organizations
  • The applicant commands a high salary or other significantly high remuneration in relation to others in the field
  • Commercial success in the performing arts

Alternately, if the foreign citizen does not meet three of the above listed requirements, he or she can substitute a one time achievement, such as a Pulitzer Prize, Oscar, Olympic medal, etc.  An employer does not need to sponsor an alien of extraordinary ability.  The foreigner can file his or her own petition.  USCIS does not limit the number of visas issued in this category.

EB1 Visa for Outstanding Professors and Researchers (EB1B) | Rothrock Immigration Lawyer | Naples, Fort Myers, Boca Raton

Outstanding professors and researchers must demonstrate international recognition in a particular academic field.  The EB1 visa applicant must hold three years of experience in teaching or research in that academic area.  In addition, the applicant must enter the United States to pursue a tenure track teaching position or a comparable research position at a university.  The foreign citizen must document evidence in at least two of the following criteria:

  • Receipt of major prizes or awards for outstanding achievement
  • Membership in associations that require their members to demonstrate outstanding achievement
  • Published material in professional publications written by others about the alien’s work in the academic field
  • Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Original scientific or scholarly research contributions in the field
  • Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

The applicant’s employer must file an I140 petition to sponsor the employee; however, the government does not require labor certification.  If the government approves the petition, the employee and his or her spouse and children may receive permanent resident cards.  USCIS does not limit the number of visas issued in this category.

EB1 Visa for Multinational Managers or Executives (EB1C) | Rothrock Immigration Lawyer Boca Raton, Miami, Naples

The employer must have employed the applicant for at least one year within the last three years outside the United States.  An employee must enter the United States to continue service to this employer.  In addition, the employee must have worked as a manger or executive with the employer, an affiliate, or a subsidiary.  Only a U.S. employer can sponsor an employee under this category.  The employer must have operated the business for at least one year as an affiliate, subsidiary, or same corporation that employed the person abroad.  USCIS does not limit the number of visas issued in this category.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Fort Myers, Florida, has represented thousands of immigration clients from over 100 countries.  He has been licensed since 1989 and is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States.  He has offices throughout Florida, including Naples, Fort Myers, Cape Coral, Boca Raton, Miami, and Fort Lauderdale. To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.