What is the O-1 Extraordinary Ability Visa?
The O-1 extraordinary ability visa is a temporary (non-immigrant) visa for someone who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
To qualify for an O-1 visa, the applicant must prove through documentation that they have sustained national or international acclaim and that they are coming temporarily to the United States to continue work in the area of extraordinary ability.
What is considered “extraordinary ability?”
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
An applicant in the motion picture or television industry must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
What documents do I need to submit with my O-1 visa application?
ADVISORY OPINION/CONSULTATION. A written advisory opinion from a peer group (including labor organizations) or a person with expertise in the applicant’s area of ability. If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.
CONTRACT BETWEEN PETITIONER AND BENEFICIARY (APPLICANT). A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed. The U.S. Citizenship and Immigration Services (USCIS) will accept an oral contract, as evidenced by the summation of the elements of the oral agreement (e.g. emails between the contractual parties, a written summation of the terms of the agreement, or any other evidence which demonstrates that an oral agreement was created). The documentation does not have to be signed by both parties to establish the oral agreement. However, it must document the terms of the employment offered and that the beneficiary has agreed to the offer.
ITINERARY. An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable. The petitioner must establish that there are events or activities in the beneficiary’s field of extraordinary ability for the validity period requested, e.g. an itinerary for a tour or a series of events.
EVIDENCE THAT BENEFICIARY HAS MET AT LEAST 3 OF THE REQUIRED CRITERIA.
O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry). 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
O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry. 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
These are just a few elements of a successful O-1 visa extraordinary ability visa application. If you are interested in applying for an O-1 visa or employing a foreign worker to work under an O-1 visa, please contact us. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn or Tumblr for up-to-date immigration news.
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