O-1A: The Visa for Scientists, Business People, Teaching

The United States created the O-1A visa as a way to attract brilliant and talented minds of the world for work and to provide valuable scientific contributions to society. The O-1A Visa is offered as an option for scientists, researchers, and business people who have extraordinary abilities within their field. As a scientist who has achieved exceptional success in your field, you may be eligible to live and work within the U.S.

Eligibility Requirements

The O-1A visa is designed for individuals who have demonstrated extraordinary ability in their field through sustained national or international acclaim. To qualify for an O-1A visa, you must meet at least 3  eligibility criteria, including:

  • Receipt of a nationally or internationally recognized award or prize, such as a Nobel Prize.
  • Published material in professional or scholarly journals, media, or articles within their field.
  • Evidence of original scientific, scholarly, or business-related contributions of major significance in the field.
  • Evidence of being asked to judge the work of others in the same or an allied field or in establishments with distinguished reputations.
  • Evidence in the form of letters of recommendation from their “peer group” that may exemplify and testify to the applicant’s qualifications. 

Application Process

For those who qualify, and are accepted, the O-1A visa remains valid for a period of three years and can be renewed each year indefinitely. Universities and companies can file a Petition for a Nonimmigrant Worker on behalf of the visa applicant through the U.S. Citizenship and Immigration Services (USCIS). The process can take several months, but the USCIS offers premium processing services for an additional fee. Once the petition is approved, O-1A visa applicants can apply for their visa at a U.S. Embassy or Consulate.

The spouse or unmarried children under the age of 21 of O-1A visa holders may also accompany them by applying for a nonimmigrant visa, which has a similar processing time, so there may be a delay in families moving to the U.S. together or at the same time. 

Although an accompanying spouse or children will not be eligible to work, they may still be able to participate in full or part-time study to continue their academic endeavors. If you or your spouse are considering employment within the U.S. through the O-1A visa, or are an organization interested in petitioning on behalf of a visa applicant, reach out to RelisLaw online, or by calling us at (866) 919-1109.

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RelisLaw

We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.
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E-2 Treaty Investor Visa Requirements: A Definitive Guide for Business Owners and Managers - RelisLaw

E-2 Treaty Investor Visa: Comprehensive Guide for Business Owners

U.S. Investment Opportunity: The E-2 Visa

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The **E-2 Treaty Investor Visa** is a non-immigrant classification for foreign nationals investing a substantial amount of capital in a bona fide U.S. business. At RelisLaw, we specialize in maximizing the approval chances for **E-2 Visa Business Entrepreneurs and Managers**.

The E-2 visa allows investors and their **immediate family** (spouse and unmarried children under 21) to live and work in the United States. Initial approval can grant residency for up to **5 years** and is indefinitely renewable as long as the business meets the requirements. This visa is explicitly designed to spur **foreign investment and economic development** in the U.S.

RelisLaw provides the **solid, detailed guidance** you can rely on to build your strongest E-2 Application and successfully secure your future in the USA!

Since 2016, our clients worldwide have chosen RelisLaw, not only for our **meticulous work and consistent Approvals** but also for the continuous support we provide to help them achieve their dreams of working in the U.S.

Be prepared to discuss your **business plan, investment sources, and management role** in detail during your application process. Upon E-2 visa approval, you will receive authorization to start working in your approved U.S. business right away!

E-2 Treaty Investor Visa Eligibility Summary

E-2 Requirement Category Core Eligibility Criteria Definition of Investment
**Applicant & Business** – Must be a **citizen of a U.S. treaty country**.

– Must have already **invested or be actively investing a significant amount** of capital in a legitimate U.S. enterprise.

– The applicant must be coming to the U.S. solely to **develop and direct the enterprise** by having ownership (at least 50%) or a key managerial/executive role.
– The investment must be **Substantial** relative to the total cost of the business (start-up or purchase).

– Funds must be large enough to demonstrate the investor’s strong **financial commitment** to the business’s success.

– The business must be **Not Marginal** (i.e., not solely created to provide a minimal living income for the investor and family, but must expand employment opportunities in the U.S.).
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