O Extraordinary Ability Visas

Overview

The O-1 visa is a temporary work visa available to foreign nationals with a demonstrated record of exceptional skill. The O-1 category is far-reaching; persons with qualifying abilities in a multitude of disciplines can secure O-1 status.  The category requires applicants to meet different evidentiary standards for different fields. Specifically:

• Individuals in “science, education, business or athletics” must demonstrate “extraordinary ability” though “sustained national or international acclaim”.

• Individuals in the “arts” must demonstrate “distinction” and skills above what is ordinarily encountered in the field, to the extent that such a person would be described as “prominent”, “renowned, leading or well-known in the field”.

• Individuals in television and motion pictures must demonstrate “extraordinary achievement” though skill and recognition significantly above the ordinary, so that such a person would be “recognized as outstanding, notable, or leading” in the field. 

Foreign nationals entering the U.S. in O-1 status must intend to continue to work in their field of exceptional skill. However, the position in which they will be employed does not necessarily have to require the services of a person of extraordinary ability. Further, an individual hoping to secure O-1 status must be able to document upcoming work in their field in the U.S. 

O-1 Visa Categories

There are three categories under which an individual may apply for an O-1 visa:

1. Extraordinary Ability in the fields of Science, Education, Business or Athletics.

To qualify for an O-1 visa in this category, a foreign national must demonstrate that he/she is one of a small percentage that has risen to the very top of the field. In order to demonstrate such expertise to USCIS, a person may establish that he/she received a major internationally recognized award or provide evidence of at least three of the following:

• Nationally or internationally recognized prizes or awards for excellence;
• Membership in associations in the field that require outstanding achievements of their members;
• Published materials in professional journals, trade publications or major media about the person and/or his/her work;
• Participation as a judge of the work of others in the field;
• Original contributions of major significance to the field;
• Authorship of scholarly articles in professional journals or major media;
• Employment in a critical capacity for organizations with distinguished reputations;
• A high salary in relation to others in the field; and
• Other comparable evidence that does not fit squarely within these groupings.  

2. Extraordinary Ability in the Arts.

To qualify for an O-1 visa in this category, a foreign national must demonstrate that he/she has earned “distinction”. Distinction is defined as a high level of achievement evidenced by a degree of skill and recognition substantially above what is ordinarily encountered in the field, to the extent that such a person would be described as “prominent”, “renowned, leading or well-known in the field”. In order to demonstrate such expertise to USCIS, a person may establish that he/she has been nominated for or received a significant national or international award, or provide evidence of at least three of the following:

• Previous performances or future performances as a lead/starring participant in productions/events with distinguished reputations through critical reviews, publicity releases, publication contracts or endorsements;
• National or international recognition through critical reviews or other published materials by or about the person in major newspapers or other publications;
• Previous performances or future performances as a lead or critical role for organizations/establishments with distinguished reputations;
• A record of major commercial or critically acclaimed success;
• Significant recognition for achievements from organizations, critics or other recognized experts in the field;
• A high salary in relation to others in the field; and
• Other comparable evidence that does not fit squarely within these groupings. 

3. Extraordinary Achievement in Television/Motion Picture.

To qualify for an O-1 visa in this category, a foreign national must demonstrate that he/she has achieved a very high level of accomplishment in the industry, to the extent that such a person is recognized as “outstanding, notable or leading” in the industry. In order to demonstrate such expertise to USCIS, a person may establish that he/she has been nominated for or received a significant national or international award, or provide evidence of at least three of the following:

• Previous performances or future performances as a lead/starring participant in productions/events with distinguished reputations through critical reviews, publicity releases, publication contracts or endorsements;
• National or international recognition through critical reviews or other published materials by or about the person in major newspapers or other publications;
• Previous performances or future performances as a lead or critical role for organizations/establishments with distinguished reputations;
• A record of major commercial or critically acclaimed success;
• Significant recognition for achievements from organizations, critics or other recognized experts in the field;
• A high salary in relation to others in the field; and
• Other comparable evidence that does not fit squarely within these groupings. 

While the same criteria are used under the arts and television/motion picture categories, the evidence is weighed differently.

Application Procedure

All O-1 visa petitions are filed with an Immigration Service Center. An O-1 application typically includes:

• A letter outlining a person’s qualifications and the prospective position in the United States;
• Immigration Forms;
• Proof of citizenship;
• Supporting documentation;
• Payment of the applicable fee;
• A consultation/no-objection letter from the appropriate US labor management organization; and
• A cover letter from our firm outlining the contents of the application.

Timing 

Regular Processing - Time frames for approving petitions can vary widely depending on the individual Service Center and on existing backlogs.  It normally takes two to three months for a petition to be approved.

Premium Processing – An O-1 visa petition can be adjudicated in 15 calendar days for payment of an extra $1,000 to the Immigration Service. Please note that while premium processing takes a maximum of fifteen calendar days, the Immigration Service may request additional evidence and this will extend the processing time.

Visa Issuance

Please note that all visa applicants (except Canadian citizens) are required to obtain an O-1 visa stamp from a U.S. Consulate abroad in order to enter the United States.

If the visa applicant is currently in the U.S. in valid status and subsequently changes to O-1 status, he/she can work without first obtaining the visa stamp. However, the visa stamp must be obtained in order to enter the U.S. at a later date.

Individuals who are approved for O-1 status while in the United States can obtain a visa stamp from the U.S. Consulate in their home country, or any other U.S. Consulate that permits the processing of “third party nationals”.  The U.S. Consulate in Toronto, Ontario in Canada is one example of a U.S. Consulate that accepts O-1 visa processing for nationals of other countries.

Duration of the Visa

An O-1 visa can be issued for a maximum initial period of three years, depending on the nature and duration of the position/project in the U.S. Thereafter, the O-1 visa can be renewed annually.

Family Members

The spouse and children (unmarried and under the age of 21) of an O-1 visa holder may obtain O-3 visas. A spouse or children in O-1 status are not authorized to work while in the U.S. unless they obtain their own visas authorizing such employment. Dependents in O-3 status may attend school in the U.S. on either a part-time or full-time basis.