Persons of Extraordinary Ability (O-1)

 

General Qualifications for O-1 Visas

The O-1 visa classification is available for persons possessing extraordinary ability in the sciences, arts, education, business, athletics, or motion picture and television industries. This includes, but is not limited to engineers, models, actors, athletes, coaches, stylists, musicians, scientists, fine artists, writers, photographers and producers.

The critical requirement for O-1 qualification is proving a person possesses extraordinary ability in his/her field. Extraordinary ability in the sciences, education, business, or athletics means “a level of expertise indicating that the person is one of the small percentage who have risen to the very top their field of endeavor.”

Extraordinary ability in the arts means “distinction” and “prominence” in the arts that is “substantially above that ordinarily encountered.”

Extraordinary ability in motion picture and television industries means “outstanding or notable” and a “very high level of accomplishment substantially above that ordinarily encountered.”

Proving Extraordinary Ability in the Sciences, Education, Business and Athletics

A person seeking O-1 classification in the sciences, education, business or athletics must demonstrate the receipt of a major internationally recognized award (Nobel Prize, etc.) or provide evidence in at least three of the following areas:

  • Receipt of nationally or internationally recognized prizes or awards for excellence;
  • Membership in associations/organizations that require outstanding achievements of its members;
  • Published material about the applicant in professional or major media publications;
  • Participation as a judge or panelist of other’s work in the industry;
  • Original scientific, business other contributions of major significance;
  • Authorship of scholarly articles published in professional journals or other major media;
  • Employment with an organization of distinguished reputation in an essential capacity;
  • High salary commanded in relation to other in the field; or
  • Other comparable evidence.

Proving Extraordinary Ability in the Arts

A person seeking O-1 classification in the arts must submit evidence of either nomination or receipt of a major internationally recognized award (Academy Award, Golden Globe, Grammy, etc.) or provide evidence in at least three of the following areas:

  • Lead role in a production having a distinguished reputation;
  • Receipt of critical reviews in newspapers or trade journals;
  • Lead role in an organization having a distinguished reputation;
  • Record of major commercial or critically acclaimed successes;
  • Significant recognition from organizations, industry critics, government agencies or other recognized experts in the field;
  • High salary commanded in relation to other in the field; or
  • Other comparable evidence.

Proving Extraordinary Ability in Motion Pictures or Television

The criteria for the motion picture and television industry are the same for the Arts, except the USCIS requires individuals to meet a higher standard.

Documentary Requirements for Proving Extraordinary Ability

Satisfying the above criteria is regularly documented by providing public relations materials, media articles, awards and nomination letters, photographs of awards, letters of recommendation from industry luminaries confirming a person’s acclaim, as well as other materials.

Limits on O-1 Visas

O-1 visas have no specified maximum period of admission. Initial O-1 visas may be issued for a maximum of 3 years. After the first 3 year period, O-1 status may be extended in one- year increments indefinitely.

All O-1 visa holders must be employees. Normally self-employed occupations may receive O-1 status only if sponsored by an employer or a representative agents or management company. However, if there are successive employers, each employer must file a separate O-1 petition and the petition must be approved prior to the commencement of the contemplated employment.

The O-2 Visa – Persons Accompanying and Assisting O-1 Visa Holders

The O-2 visa classification is available for persons coming to the United States to accompany and assist an O-1 artist or athlete as long as the person is an integral part of the actual performance and the person possesses critical skills and experience not of a general nature that cannot be performed by other individuals. An O-2 nonimmigrant must secure an “advisory opinion” letter from the requisite union.