The O-1 Extraordinary Ability Visa is designed for foreign nationals who have extraordinary ability in the sciences, arts, education, business or athletics, which has been demonstrated by sustained national or international acclaim. To qualify, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. There is currently no annual cap on O-1 visas.
SCIENCE / EDUCATION / BUSINESS / 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).
O-1 VISA PETITION REQUIREMENTS
A U.S. employer should file the I-129 petition with:
- 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 worker 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 3 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 foreign national 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.
ARTS / MOTION PICTURE / 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.
O-1 VISA PETITION REQUIREMENTS
A U.S. employer should file the I-129 petition with:
1. A written advisory opinion, describing the alien’s ability as follows:
- a. 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 alien’s area of ability.
- b. If the petition is based on the foreign nationals’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 nationals’s field of endeavor.
2. 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;
3. 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 3 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 author’s authority, expertise and knowledge of the alien’s 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 alien’s occupation, the petitioner may submit comparable evidence in order to establish the foreign national’s eligibility.
O-3 VISA / FAMILY MEMBERS
Spouses and minor children (dependents) 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.
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The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.
