Extraordinary Ability (O-1) Visa

O-1 Extraordinary Ability (Science, Education, Business, or Athletics)

The O-1 category applies to aliens coming temporarily who have extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).

To qualify, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement.

Requirements:

  • A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the alien's
        area of ability;
  • A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien
        will be employed;
  • Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:
  • a)  Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
    b)  Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
    c)  Published material in professional or major trade publications, newspapers or other major media about the alien and his work in the field for which classification is sought;
    d)  Original scientific, scholarly, or business-related contributions of major significance in the field;
    e)  Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
    f)  A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
    g)  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;
    h)  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 alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.

    O-1 Extraordinary Ability (Arts, Motion Picture, or Television)

    The O-1 category also applies to aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

    Requirements:

  • A written advisory opinion, describing the alienís ability as follows:
  • a)  If the petition is based on the alienís extraordinary ability in the arts, the consultation must be from a peer group (including labor organizations) in the alienís field of endeavor; or a person or persons designated by the group with expertise in the alienís area of ability.
    b)  If the petition is based on the alienís extraordinary achievements in the motion picture or television industry, separate consultations are required from a labor and a management organization with expertise in the alienís field of endeavor.

  • A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien
        will be employed;
  • Evidence the alien 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 Directorís Guild Award, or evidence of at least three of the following:
  • a)  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;
    b)  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;
    c)  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;
    d)  Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the authorís authority, expertise and knowledge of the alienís achievements;
    e)  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
    f)  If the above standards do not readily apply to the alienís occupation, the petitioner may submit comparable evidence in order to establish the alienís eligibility.

    O-2 Support Personnel:

    The O-2 category applies to aliens 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.

    Requirements:

  • A written advisory opinion.
  • If the O-2 petition is for an alien accompanying an O-1 alien 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 an alien accompanying an O-1 alien 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 alien with the O-1 alien, and that the alien 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
        alien is essential to the successful completion of the production.
  • Notes:

    There is currently no annual cap on O visas.

    Spouses and minor children (dependents) of O-1ís are admitted under O-3 status with the same restrictions as the principal.  They may not work in the U.S. under this classification.

    There are multitudinous immigration laws, federal statutes and regulations involved in applications for non-immigrant and immigrant visas. The legal process is complex and could result in the denial of a your visa if the application is not properly prepared. If the application is put together correctly and professionally by a qualified immigration attorney, the probability of achieving a successful result is greatly increased.

    The Bůcsi Law Firm can precisely and professionally prepare all of the necessary applications for you, providing you with security that the entire process goes smoothly, and relieving you of the stress and worry that often accompanies immigration legal procedures.



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