INDIVIDUALS OF EXTRAORDINARY ABILITY OR ACHIEVEMENT
The O-1 non-immigrant visa classification is designed for highly talented or recognized artists, athletes, scientists, educators, entertainers and business persons and is an attractive alternative to other non-immigrant visas including the E, L, P and J visa. A professional degree is not necessary and there is no prevailing wage requirement. Different requirements are necessary depending upon the category one claims extraordinary ability.
O-1 applicants in the arts, athletics, education or the sciences must show extraordinary ability "demonstrated by sustained national or international acclaim." The definition of "extraordinary" differs depending on whether one is petitioning as an artist, entertainer or any of the other fields. And within the entertainment field, there are special criteria for people affiliated with motion pictures or television production.
To determine if this is the right visa for you, schedule your Case Evaluation now.
SCIENCES, EDUCATION, BUSINESS OR ATHLETICS
Persons seeking to enter the US to work in the sciences, education, business, or athletics must demonstrate extraordinary ability by showing they have a high level of expertise which indicates that the person is of the small percentage of individuals who have risen to the very top of their field of endeavor. Because of the strigent requirements, it is also known as the "Michael Jordan visa" or , in more modern terms, the "Tiger Woods" visa. The petitioner must show the receipt of a major internationally-recognized award, such as the Nobel Prize OR successfully document at least three of the following criteria:
Receipt of nationally or internationally recognized prizes/awards for excellence in the field;
Membership in associations in the field that require outstanding achievement of its members, as judged by recognized or international experts;
Published material in professional or major trade publications or major media about the alien;
Participation on a panel or as a judge of the work of others in the same or an allied field of specialization;
Original scientific, scholarly, or business-related contributions of major significance;
Authorship of scholarly articles in professional journals or other major media;
Current or previous employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
ARTS OR ENTERTAINMENT (NOT MOTION PICTURE OR TELEVISION PRODUCTION)
Individuals seeking to enter the US to work in the arts or entertainment, with the exception of those affiliated with motion pictures or television production, must show they possess extraordinary ability by demonstrating they have distinction in their field. Distinction means a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. The arts include any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts and performing arts. Regulations include "behind-the-scenes" occupations such as set designers, choreographers, music coaches and others could in the O-1 category.
To demonstrate distinctive accomplish, the petitioner must demonstrate that the beneficiary has been nominated for or has received a significant national or international prize such as an Academy Award, a Grammy, OR the beneficiary meets at least three of the criteria below:
Has a record of major commercial or critically acclaimed success;
National or international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major trade papers, trade journals, magazines, and so forth.
Has performed services as a lead or starring participant in productions or events with distinguished reputations such as in critical reviews, ads, publicity releases, publications, contract or endorsements;
Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, and similar write-ups.
Has achieved significant recognition from organizations, critics, government agencies and recognized experts.
Has commanded or will command a high salary or other remuneration in comparison to others in the field.
To determine if this visa is the right one for you, schedule a Case Evaluation now.
ARTS OR ENTERTAINMENT (MOTION PICTURE OR TELEVISION PRODUCTION)
Persons in the motion picture and television production industries must show extraordinary achievement which is defined as a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is recognized as outstanding, leading, or well-known in the motion picture or television field.
The same evidence as those for the non-motion picture or television production is required for those in the motion picture or television production. The USCIS places a higher standard to artists and entertainers in movies and television in determining whether a person is qualified for the O-1.
WHO MAY PETITION FOR O-1 STATUS?
Acceptable O-1 petitioners include US companies, foreign employers and "established" American agents. Agents are required to provide detailed information regarding the beneficiary's itinerary and contract. O-1 applicants cannot self-petition.
AUTHORIZED PERIOD AND EXTENSIONS OF STAY
While there are no statutory limits on the O-1 beneficiary’s stay in the US, they are not permitted to be in the US longer than the period of the event described in the Petition. USCIS will only grant up to three years of stay initially but extensions may be requested in one year increments indefinitely. O-1 visa holders may enter the US up to ten days in advance of the approved activity and stay for ten days afterwards, but cannot work during either ten day period.
ADDITIONAL REQUIREMENTS FOR ALL O-1 PETITIONS – CONSULTATION LETTER
FOR ALL O-1 PETITIONS
The Petition must also be filed with a consulting or opinion letter from a labor union and/or management organization regarding the type of work to be performed and the beneficiary’s qualifications. Where an application does not include an advisory opinion or a case needs to be handled on an expedited basis, the INS will attempt to contact the peer group directly. In those rare instances where no union or management organization exists, CIS will make a decision without the consultation. A second consultation or opinion letter is not required if the O-1 beneficiary is entering the U.S. within two years of a previous consultation.
FOR MOTION PICTURE AND TV PRODUCTION PETITIONS
Both a union and a management organization consultation is required for Petitions on behalf of those in the motion picture and TV production industry. The opinion should relay the beneficiary's achievements and whether the position sought would normally require a person with extraordinary ability. The Alliance of Motion Picture and TV Producers normally provides the management consultation in all television and movie cases.
SPOUSES, DEPENDENTS AND ACCOMPANYING ALIENS
O-2 visas are available for certain aliens accompanying O-1 aliens in the arts or athletics. The O-3 visa is for dependents of O-1 and O-2 visa holders. Spouses and dependents are NOT permitted to work while in O-3 status.
