O-1 Visa: Individuals with Extraordinary Ability or Achievement
The O-1 nonimmigrant visa is for individuals who possesses (1) extraordinary ability in the sciences, arts, education, business, or athletics, or have demonstrated a record of extraordinary achievement in the motion picture or television industry and (2) have been recognized nationally or internationally for those achievements.
These two types of O-1 visas are:
- O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics
- O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
General Criteria for O-1 Visas
To qualify for an O-1 visa, the beneficiary must demonstrate national or international recognition (prizes, awards, etc.) in their field. In other words, extraordinary ability means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of their field.
Application Process for O-1 Visas
The O-1 process begins with a petition to USCIS (U.S. Citizenship and Immigration Services). The petition consists of form I-129 and a great deal of supporting documentation to meet the high bar for a O-1 visa. After the O-1 petition is approved by USCIS, the foreign national must then schedule an interview at a U.S. consulate in their home country to secure a O-1 visa, which grants them the right to arrive in the U.S. and request entry in O-1 status.
Because O-1 visas are reserved for individuals of extraordinary ability, a great deal of documentary evidence is required to prove eligibility. The type of evidence used to prove eligibility for a O-1 visa is listed in greater detail below.
Evidence for a O-1A
Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) 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 national or international experts in the field
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s 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 criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.
Evidence for a O-1B Visa
Evidence that the beneficiary 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 (3) three of the following:
- Performed and 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 beneficiary in major newspapers, trade journals, magazines, or other publications
- Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
- 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 beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’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
- If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry).
Duration of a O-1 Visa
O-1 visas allow a person to enter the U.S. initially for a period of 3 years, and then they may apply for 1 year extensions of stay if they can show that there is continued need for their services in the U.S.
Call Today for a O-1 Visa Evaluation
Because O-1 visas require a relatively high level of achievement, it is important that you speak with an attorney who is qualified and willing to fairly evaluate your case. Upon reviewing your resume and discussing what type of evidence you have in each of the categories mentioned above, we will candidly tell you whether we think you have a good shot at obtaining a O-1 visa. There is no numerical limit on O-1 visas (like the 65,000 visa cap for H-1b visas), so they can be a good alternative for certain individuals if the H-1b limit has been reached. Call us today (or email us via our contact form) to get started: 303-872-6985.
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