O-1 Visas

The O-1 nonimmigrant visa is for the individual 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. Extraordinary ability means that you have achieved a high level of expertise such that you are one of a small percentage at the top of your field. Artists and entertainers must show a degree of skill and recognition substantially above that normally encountered, and is prominent, renowned, leading or well-known in their artistic field.

O-1 visa holders must be entering the U.S. to perform temporary services for a U.S. employer or an agent of an international employer. You must be entering the U.S. to participate in a specific event or events which require your expertise. The petition may not be filed more than six months before the services are needed.

O-1A Visa for Science, Education, Business or Athletics

The O-1 visa petition requires specific evidence of your qualifications and international recognition of your extraordinary ability. You may prove your ability in the field by showing that you have received an internationally recognized award, such as a Nobel Prize. You can also document at least three of the following:

• Internationally or nationally recognized prizes or awards;
• Published material about your work;
• Membership in an association that requires members to have outstanding achievement;
• Original scientific, scholarly, or business-related contributions of major significance in the field;
• Authorship of scholarly articles published in any type of major media or professional journals;
• High salary or any other type of compensation;
• Participation on a panel, or as a judge for other people's works;
• Evidence of past employment for organizations or establishments that have a high reputation.

If these criteria are not readily applicable to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility. You will also need to provide a contract between you and your employer that describes the terms and conditions of services to be performed, or a summary of the terms of an oral agreement. For specific events, you should provide a specific itinerary showing the schedule and ending date of events.

O-1B Visa based on Extraordinary Ability in the Field of Art

In support of an O-1B visa classification, petitioner must establish that the beneficiary:

• Has extraordinary ability in the arts which has been demonstrated by sustained national or international acclaim;
• Has achievements that have been recognized in the field through extensive documentation; and
• Is coming to work in the area of extraordinary ability (but not necessarily that the particular duties to be performed require someone of such extraordinary ability).

To obtain an O-1 visa in the arts, the individual must show that he or she has attained "distinction". Distinction is defined as "a high level of achievement in the field of arts evidence by a degree of skill and recognition substantially above that ordinarily encountered". Distinction has also been defined as prominence in the field of endeavor.

To demonstrate distinction, the beneficiary can present the evidence that he or she has received, or been nominated for, a significant national or international award in the particular field (such as an Academy Award, Emmy, Grammy, or Director's Guild Award) or at least three of the following forms of evidence:

• Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
• Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
• Evidence that the beneficiary has 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;
• Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
• Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the beneficiary's achievements; or
• Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

If these criteria are not readily applicable to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.

Application Procedures

You cannot apply for an O visa on your own behalf. Generally, the employer must petition for the status with the USCIS. You can also file through a U.S. agent. This process is often used when you will work for multiple employers in the U.S. Once the petition is approved, you must then apply for an O-1 visa at a U.S. embassy or consulate. 

If you are interested to learn more about O-1 visa options, get in touch with Bousquet Holstein PLLC immigration team today. Complete the form to schedule a consultation.