|
|
O-1 Visa for
Persons of Extraordinary Ability
The O-1 category is for persons who can show they
qualify as a person of 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.
General requirements for the O-1 are that (1)
the applicant is entering the United States to perform services
relating to an event or events; (2) applicant has an U.S. employer
or U.S. agent that will serve as an employer to sponsor the
O-1 application; NOTE that the O-1 visa will be valid
ONLY to perform work for the sponsoring employer or agent; to
work for other employers or agencies, the applicant must apply
for a separate O-1 application filed by the second employer
(multiple O-1s are permissible); (3) applicant can demonstrate
extraordinary ability or extraordinary achievement (see below
for details).
Note that in addition to the O-1 nonimmigrant
(or temporary) visa category for persons of extraordinary ability,
there is also a similar category for those who wish to obtain
permanent residency (green card) in the United States. For further
information on that category (extraordinary ability green card),
please click here.
Other related categories include outstanding
professor/researchers and national
interest waiver. Click here
for a summary of other visa categories.
The most common nonimmigrant alternative to the
O-1 visa is the H1B category. For more information on this and
other nonimmigrant visa categories, click here.
Required Peer
Group Consultation
In addition to meeting the criteria for extraordinary ability
or achievement (below), in most cases (unless no appropriate
peer group exists for the applicant's field of expertise), the
applicant must provide the Immigration Service with a written
consultation from a U.S. peer group (which could
include a person or persons with expertise in the field), labor
and/or management organization regarding the nature of the work
to be done and the applicant's qualifications. Return to top.
O-1 Visa
Processing Time
The timing for an O-1 petition varies substantially (from two
to four months) depending on where in the United States the
petition is filed; timing can also change in accordance with
Immigration Service priorities. However, it is possible to file
an expedited petition for an additional $1,000 service
fee payable to the Immigration Service; this guarantees that
INS will process the case within 15 calendar days of filing.
However, note that "premium processing" does
NOT guarantee approval, and neither does this guarantee final
processing within 15 days--INS reserves the right to ask for
additional evidence, which restarts the clock for another 15
days upon INS receipt of that additional evidence. These requests
for additional evidence are most common with O-1 petitions (as
opposed to other types of work visas), as this is the type of
petition that requires the most extensive demonstration of a
person's qualifications. Return to top.
O-1 Validity
Period
An O-1 visa can be granted for a period of up to three years,
depending on the nature of the activities to be performed in
the United States. Extensions may be authorized for periods
of up to one year to continue or complete the event(s) for which
the O-1 holder was admitted into the United States. Return to
top.
Extraordinary
Ability in Business, Science, Education, or Athletics
To qualify as a person of extraordinary ability in the sciences,
arts, education, business or athletics, one must demonstrate
sustained national or international acclaim in his or her field
of expertise. Those in business, the sciences, education or
athletics, must demonstrate "a level of expertise indicating
that s/he is one of the small percentage who have risen to the
very top of the field of endeavor." Specifically, evidence
must consist of either (a) receipt of a major, internationally
recognized award, such as the Nobel Prize, or (b) at least three
of the following forms of documentation:
- 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 of their
members, as judged by recognized national or international
experts in their fields;
- published material in professional or major trade publications
or major media about applicant relating to applicant's work
in the field for which classification is sought;
- participation on panel or individually as judge of the work
of others in the same or allied field for which classification
is sought;
- original scientific, scholarly or business-related contributions
of major significance in the field;
- authorship of scholarly articles in the field, in professional
journals or other major media;
- employment in critical or essential capacity for organizations
and establishments that have a distinguished reputation;
- evidence that applicant has commanded a high salary or will
command a high salary or other remuneration for services.
Return to top.
Extraordinary
Ability in the Arts
To qualify as a person of extraordinary ability in the arts
for purposes of the O-1 Nonimmigrant Visa, an applicant must
demonstrate that s/he has achieved "distinction" in
the arts. The regulations define "distinction" as
"a degree or 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." Specifically, an applicant must show (1) evidence
that s/he has been nominated for, or has been the recipient
of, significant national or international awards or prizes in
the particular field such as an Academy Award, an Emmy, a Grammy
or a Director's Guild Award; or (2) at least three of the following:
- evidence that s/he has performed and will perform services
as a lead or starring participant in productions or events
with a distinguished reputation (critical reviews, advertisements,
publicity releases, publications, contracts or endorsements);
- evidence that s/he has achieved national or international
recognition for achievements (demonstrated by critical reviews
or other published materials by or about the individual in
major newspapers, trade journals, magazines, or other publications);
- evidence that s/he has performed and will perform in a lead,
starring or critical role for organizations and establishments
with a distinguished reputation (demonstrated by articles
in newspapers, trade journals, publications or testimonials);
- evidence that applicant has a record or 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 applicant has received significant recognition
for achievements from organizations, critics, government agencies
or other recognized experts in the field in which the applicant
is engaged; such testimonials must be in a format that clearly
indicates the author's authority, expertise, and knowledge
of the applicant's achievements; or
- evidence that applicant 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.
Return to top.
Extraordinary
Achievement in the Motion Picture or Television Industry
To qualify as a person of extraordinary achievement in the
motion picture or television industry for purposes of the O-1
nonimmigrant visa, an applicant must demonstrate a "record
of extraordinary achievement in the motion picture or television
industry" as evidenced by (1) evidence that applicant has
been nominated for or has received significant national or international
awards or prizes in the particular field such as an Academy
Award, an Emmy, a Grammy or a Director's Guild Award, or (2)
at least three of the following:
- that s/he has 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;
- evidence of national or international recognition for
achievements (demonstrated by critical reviews or other
published materials by or about applicant in major newspapers,
trade journals, magazines, or other publications;
- evidence that applicant has performed and will perform
in a lead, starring or critical role for organizations and
establishments with a distinguished reputation evidenced
by articles in newspapers, trade journals, publications or
testimonials;
- evidence that s/he has a record of major commercial or
critically acclaimed success as evidenced by such indicators
as title, rating, 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;
- evidence of significant recognition for achievements
from organizations, critics, government agencies, or other
recognized experts in the field in which the alien is
engaged; such testimonials must be in a form that clearly
indicates the author's authority, expertise, and knowledge
of the applicant's achievements;
- evidence that applicant 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.
Return to top.
|
