Extraordinary Ability (O-1) Visa

Aliens of extraordinary ability in the sciences, arts, education, business, or athletics (O-1) are covered under O visa category; certain aliens accompanying or assisting those aliens (O-2); and their family members (O-3). No numerical cap is placed on the annual admission of these aliens.

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

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

Requirements

A U.S. employer should file the 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 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:

• 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 alien and his work in the field
• 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;
• 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
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
• High salary or other remuneration for services as evidenced by contracts or other reliable evidences; or
• Other comparable evidence

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 U.S. employer should file the petition with:

A written advisory opinion, describing the alien's ability as follows:

- If the petition is based on the alien's extraordinary ability in the arts, the consultation must be from a peer group (including labor organizations) in the alien's field of endeavor; or a person or persons designated by the group with expertise in the alien's area of ability;

- If the petition is based on the alien'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 alien's 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 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
• Achieved national or international recognition for achievements
• A record of major commercial or critically acclaimed successes
• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the alien is engaged
• Commanded or now commands a high salary or other substantial remuneration for services in relation to others in the field; or
• Other comparable evidence.

Stay and Extensions

The period of stay is the time necessary to provide for the event or activity for which the alien is admitted up to a period of three year. Extensions are granted in one-year increments in order to permit the alien to continue to complete the same event or activity for which he or she was admitted.