An O visa is suitable for persons who have an extraordinary ability in the sciences, arts, education, business, athletics, or the motion picture and television industries which has been demonstrated by sustained national or international acclaim.
To qualify, the foreign national must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. The foreign national must be able to prove extraordinary ability or achievement through substantial evidence.
The regulations set forth various standards for different fields. Extraordinary ability in the field of arts, motion picture and television means “distinction,” which is defined as “prominent, leading, or well-known” in the field. In contrast, there is a different standard of achievement in the industries, and extraordinary ability in business or sciences means the person is “one of the small percentage who have risen to the top of the field of endeavor.”
A foreign national cannot self-petition for an O-1 visa; a U.S. employer is required. The USCIS regulations permit an “agent” to act as an employer and to pay the foreign national.
O-1 Petition Document Requirements (Science, Education, Business, or Athletics)
The petition should be filed by the U.S. employer with the following documentation:
A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the foreign national's area of ability;
A copy of any written contract between the employer and the foreign national or a summary of the terms of the oral agreement under which the foreign national will be employed;
Evidence that the foreign national has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:
Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
Published material in professional or major trade publications, newspapers or other major media about the foreign national and his work in the field for which classification is sought;
Original scientific, scholarly, or business-related contributions of major significance in the field;
Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought;
Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
If the above standards do not readily apply to the foreign national's occupation, the petitioner may submit comparable evidence in order to establish the foreign national's eligibility.
O-1 Petition Document Requirements (Arts, Motion Picture, or Television)
The petition should be filed by the U.S. employer with the following documentation:
A written advisory opinion, describing the foreign national’s ability as follows:
If the petition is based on the foreign national's extraordinary ability in the arts, the consultation must be from a peer group (including labor organizations) in the foreign national's field of endeavor; or a person or persons designated by the group with expertise in the foreign national's area of ability.
If the petition is based on the foreign national's extraordinary achievements in the motion picture or television industry, separate consultations are required from a labor and a management organization with expertise in the foreign national's field of endeavor.
A copy of any written contract between the employer and the foreign national or a summary of the terms of the oral agreement under which the foreign national will be employed;
Evidence the foreign national has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least three of the following:
Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the foreign national is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the foreign national's achievements;
A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; or
If the above standards do not readily apply to the foreign national's occupation, the petitioner may submit comparable evidence in order to establish the foreign national's eligibility.
O-2 Support Personnel for O-1 Artist or Athlete
The O-2 category applies to foreign nationals accompanying an O-1 artist or athlete to assist in a specific event or performance. This person would be acting as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete because he or she performs support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.
O-2 Petition Document Requirements
The petition must be filed by a U.S. employer in conjunction with the filing of the O-1 foreign national petition and must be filed with:
A written advisory opinion.
If the O-2 petition is for a foreign national accompanying an O-1 foreign national of extraordinary ability in the arts, the opinion must be from a labor organization with expertise in the skill area involved.
If the O-2 petition is for a foreign national accompanying an O-1 foreign national of extraordinary achievement in the field of motion picture or television, the opinion must be from a labor organization and a management organization with expertise in the skill area involved.
Evidence of the current essentiality, critical skills, and experience of the O-2 foreign national with the O-1 foreign national, and that the foreign national has substantial experience utilizing the critical skills and essential support services for the O-1. In the case of a specific motion picture or television production, the evidence shall establish that significant production has taken place outside the U.S., and will take place inside the U.S. and that the continuing participation of the foreign national is essential to the successful completion of the production.
Difference Between O-1 and Eb-1(A)
The regulations set forth 10 criteria for proving O-1 extraordinary ability, which are nearly identical to the EB-1 extraordinary ability criteria. 6 separate criteria are provided in the regulations for people in the arts and the motion picture and television industry.
The O-1 category applies to foreign nationals seeking a temporary nonimmigrant status, while the EB-1(A) category is for foreign nationals seeking permanent immigrant status. A person seeking O-1 status must have an employer in the U.S., while a person seeking permanent residence in the EB-1(A) category does not need a U.S. employer.
Working for More Than One Employer or Changing Employers
A foreign national may work for more than one employer at the same time, however, each employer must file a separate petition. A foreign national may also change employers on O-1 visa, however, a new petition must be filed by the new employer as well.
Duration of Stay
O petitions may be granted for up to 3 years, with extensions in 1 year increments.
Numerical Limits
There is currently no annual cap on O visas.
Dependents
Dependents (spouses and unmarried children under 21 years of age) of O-1’s are admitted under O-3 status with the same restrictions as the principal. They may not work in the U.S. under this classification.
Diversity Lottery
Employment-Based