the extraordinary visa
United States Citizenship & Immigration Services (USCIS) dictates that the O-1 visa is for “individuals who possess 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.” The O nonimmigrant classification is broken in to four categories:
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 achievements in motion picture or the television industry.
O-2: Individuals who will accompany an O-1 beneficiary to assist in a specific event or performance. Reserved for essential support personnel, and individuals who are integral to the success of the O-1 beneficiary in the United States.
O-3: Individuals who are the spouse or children of O-1 and O-2 beneficiaries.
general eligibility criteria
To qualify for an O-1 visa, the candidate must demonstrate “extraordinary ability by sustained national or international acclaim”, and must be coming temporarily to the United States to continue work in their area of extraordinary ability.
In the fields of science, education, business, and athletics, extraordinary ability refers to a level of expertise which indicates that the person is “one of the small percentage who has risen to the very top of the field”.
In the field of arts, extraordinary ability refers to distinction. Distinction mean a high level of achievement 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.
In the field of motion picture and the television industry, extraordinary ability refers to extraordinary achievement. This is 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 field.
evidentiary criteria for o-1a
science, education, business, and athletics
When applying for an O-1 Visa, candidates must provide relevant evidence to support their claim that they are both extraordinary, and they have sustained national or international acclaim. Beneficiaries may provide evidence that they have received a major, internationally-recognized award, such as a Nobel Prize, or they can provide evidence of at least three (3) of the following:
Receipt of nationally or internationally recognized prizes or awards for excellence in their field.
Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in their field.
Published material in professional or major trade publications, newspapers, or other major media about the beneficiary and their work in the field for which classification is sought.
Original scientific, scholarly, or business-related contributions of major significance in their field.
Authorship of scholarly articles in professional journals or other major media in their 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 field, or in a field of specialization allied to the beneficiaries field, for which classification is sought.
Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
It is important to note that this is NOT an exhaustive list, USCIS dictates that if the above criteria do not readily apply to the beneficiary’s occupation, then comparable evidence may be submitted to establish the beneficiary’s eligibility.
evidentiary criteria for o-1b
arts, motion picture, and television
When applying for an O-1 Visa, candidates must provide relevant evidence to support their claim that they are both extraordinary, and they have sustained national or international acclaim. Beneficiaries may provide evidence that they have received, or been nominated for, significant national or international awards in their particular field, such as an Academy Award, Emmy, Grammy, or Director’s Guild Award, or they can provide evidence of at least three (3) 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.
It is important to note that this is NOT an exhaustive list for those in the ARTS. USCIS dictates that if the above criteria do not readily apply to the beneficiary’s occupation, then comparable evidence may be submitted to establish the beneficiary’s eligibility. This exception DOES NOT APPLY to the motion picture or television industry.
evidentiary criteria for o-2
supporting personnel
The evidence provided for an O-2 Visa candidate should establish the essential, critical skills, and experience of the O-2 beneficiary with the O-1 individual. It must be established that the O-2 beneficiary has substantial experience performing the critical skills and essential support services for the O-1 individual. In the case of a specific motion picture or television production, the evidence should establish that significant production has taken place outside the United States, and will take place inside the United States. In this instance, it must be established that the continuing participation of the O-2 beneficiary in the production is essential to the successful completion of the production.
It is important to note that an O-2 visa is only an option for the athletics, arts, motion picture, and television industries. You CANNOT apply for an O-2 visa in the sciences, education, or business fields.
o-3
spouse and children
If you are coming to the United States to work under an O-1 or O-2 visa, you may be in the U.S for a long period of time. Any accompanying, or following you to join, spouse and children under the age of 21 may apply for an O-3 visa. An O-3 visa will be subject to the same period of admission and limitations as the O-1/O-2 beneficiary.
O-3 beneficiaries are NOT eligible to work in the United States, but they may engage in full or part time study on an O-3 visa. Family members may apply for an O-3 visa at the same time the O-1/O-2 petition is filed. However, if an O-3 petition is not submitted alongside the O-1/O-2 petition, you must wait until the case is approved before your family can then apply for the O-3.
period of stay
Once the visa petition is approved for the O-1/O-2 beneficiary by USCIS, the beneficiary can apply at a U.S. embassy or consulate for their visa. The initial period of stay that can be granted to the beneficiary is up to 3 years. The O-1/O-2 beneficiary may request an extension, with USCIS determining the necessity of the extension. USCIS can grant extensions of stay in increments of 1 year.
For more information about the O-1 Visa Classification, please click here.