O-1 Visa: Extraordinary Ability
What is an O-1 Visa?
The O-1 Visa is a non-immigrant visa for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have demonstrated a record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.
Distinctions Between O-1A and O-1B Visa Classifications
The O-1 visa is divided into two classifications:
- O-1A Visa: For individuals with extraordinary ability in the sciences, education, business, or athletics.
- O-1B Visa: For individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
Each classification has distinct requirements and evidentiary criteria to demonstrate extraordinary ability.
What Constitutes “Extraordinary Ability”?
“Extraordinary ability” means a level of expertise indicating that the individual is one of a small percentage who have risen to the very top of their field of endeavor. The definition and evidentiary requirements differ slightly between the O-1A and O-1B visas.
O-1A Visa: Extraordinary Ability in Sciences, Education, Business, or Athletics
To qualify for an O-1A visa, the applicant must demonstrate sustained national or international acclaim and recognition for achievements in their field. Evidence can be shown through:
- Awards: Receipt of a major, internationally recognized award, such as a Nobel Prize.
- Documentation of at least three of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field.
- Membership in associations that require outstanding achievements of their members.
- Published material in professional or major trade publications or major media about the applicant’s work.
- Participation as a judge of the work of others in the same or an allied field.
- Original scientific, scholarly, or business-related contributions of major significance.
- Authorship of scholarly articles in professional journals or other major media.
- Employment in a critical or essential capacity for organizations with a distinguished reputation.
- Command of a high salary or other significantly high remuneration for services.
O-1B Visa: Extraordinary Ability in the Arts or Extraordinary Achievement in Motion Picture or Television Industry
For the O-1B visa, the applicant must demonstrate a high level of achievement in their field, evidenced by a degree of skill and recognition substantially above that ordinarily encountered. Evidence can include:
- Awards: Receipt of, or nomination for, significant national or international awards or prizes, such as an Academy Award, Emmy, Grammy, or Director’s Guild Award.
- Documentation of at least three of the following:
- Performance or starring in productions or events that have a distinguished reputation.
- National or international recognition for achievements, as shown by critical reviews or other published materials.
- Performance in a lead, starring, or critical role for organizations and establishments with a distinguished reputation.
- Commercial or critically acclaimed successes.
- Significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field.
- A high salary or other substantial remuneration for services compared to others in the field.
Eligibility Requirements for an O-1 Visa
To qualify for an O-1 Worker Visa, generally, applicants must demonstrate:
- Sustained national or international acclaim in their field.
- Evidence of extraordinary ability such as awards, publications, or significant contributions.
- A job offer or itinerary of work from a U.S. employer or agent in their field of extraordinary ability.
- A consultation letter from a peer group, labor organization, or management organization in the field.
What is an Agent
An Agent is a U.S. Citizen (“individual”) that may Petition for an O-1 on behalf of the Applicant. This is especially advisable if there are multiple work opportunities or “gigs” for the Artist.
Length of Stay
O-1 visa holders may be granted an initial maximum stay of up to 3 years. However, USCIS may extend the time granted based on a determination of time deemed necessary to accomplish the initial event or activity in increments of up to 1 year. The petitioner must request an extension of stay to continue or complete the same event or activity. There is no maximum number of extensions.
Additional Details
Support staff of the O-1 nonimmigrant may be eligible to accompany the O-1 holder on an O-2 visa.
Family of O-1 and O-2 Visa Holders
Any accompanying or following spouse and children under the age of 21 may be eligible to apply for an O-3 nonimmigrant visa, subject to the same period of admission and limitations as the O-1/O-2 nonimmigrant. They may not work in the United States under this classification, but they may engage in full or part time study on an O-3 visa.
What We Do
- In the past, we have successfully assisted a now Billboard 100 singer, world-renowned/Academy Award-winning musicians, chefs, architects, and numerous talented professionals in their visa petitions. Our comprehensive knowledge of immigration law and visa procedures has allowed us to maintain an effective approach in facilitating successful outcomes for our clients who come to the United States to gain even further recognition.
- We have successfully represented recent graduates who were unsure whether they possessed the requisite level of recognition, in their O-1 applications, to be classified as an individual with extraordinary ability.
- We prepare a thorough O-1 application with evidence required
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide guidance in maintaining the O-1 status
- Provide assistance to O-1 holders within the United States that wish to extend their visa, apply for a Change of Status or Adjustment of Status via an EB-1 green card application
Why Work With Us
Our firm specializes in helping individuals with extraordinary abilities navigate the complex process of securing an O-1 visa. We offer:
- Experience and Track Record: Our team has extensive experience with O-1 visa applications and a deep understanding of the evidentiary requirements.
- Personalized Service: We provide personalized Strategy Calls to assess your qualifications and tailor our approach to your unique situation.
- Comprehensive Support: From gathering documentation to preparing your application, we offer full support every step of the way.
Start your journey to the United States with confidence. Contact us today for a Strategy Call and let us help you achieve your professional dreams.
How do I apply for an O-1 Visa?
Step 1:
Your employer or agent must file Form I-129, “Petition for a Nonimmigrant Worker,” with USCIS, along with the required fee and supporting documents.
Step 2:
Provide evidence of your extraordinary ability and job offer.
Step 3:
Once the petition is approved, you can apply for an O-1 Visa at a U.S. Embassy or Consulate.
Step 4:
Complete Form DS-160, “Online Nonimmigrant Visa Application,” and pay the visa application fee.
Step 5:
Schedule and attend a visa interview at a U.S. Embassy or Consulate.
Frequently Asked Questions
O-1
- Can I change employers on an O-1 Visa?
Yes, you can change employers, but the new employer must file a new Form I-129 and receive approval from USCIS. If your Petitioner is an agent, they will need to file an amended application if there are material changes to the work originally approved by USCIS.
- How long can I stay in the U.S. on an O-1 Visa?
O-1 visa holders are typically granted an initial stay of up to three years. Extensions of stay may be granted in increments of up to one year each, to continue or complete the same event or activity for which you were originally admitted.
- Can my family accompany me on an O-1 Visa?
Yes, your spouse and unmarried children under 21 years old can accompany you on O-3 dependent visas. They may apply for O-3 dependent visas and, if approved, can live in the U.S. while you are on O-1 status.
- Can my spouse work in the U.S. on an O-3 Visa?
No, O-3 visa holders are not eligible to work in the U.S. They may study, but they cannot seek employment authorization.
- Can I travel outside the U.S. while on an O-1 Visa?
Yes, you can travel outside the U.S. and return as long as your O-1 Visa remains valid and you continue to meet the requirements of the O-1 status.
- What should I do if my O-1 Visa application is denied?
If your O-1 Visa application is denied, you will receive a notice explaining the reason for the denial. You may address the issue and reapply or consult with an immigration attorney for further guidance.
- Can I change my status from an O-1 Visa to another visa type?
Yes, you may apply to change your status from an O-1 Visa to another visa type if you meet the eligibility requirements for the new visa category. You will need to file a change of status application with USCIS.
- What happens if my O-1 status expires while I am in the U.S.?
If your O-1 status expires while you are in the U.S., you must either apply for an extension of stay, change to another nonimmigrant status, or depart the U.S. Staying beyond your authorized period of stay can result in being out of status, which may affect future immigration benefits.
For more detailed information, please visit the USCIS O-1 Visa page.
Related Links
USCIS Memorandum clarifying the standards for adjudicating O and P petitions filed by a petitioner acting as a U.S. Agent for beneficiary(ies) who will be concurrently working for one or more employer
