Persons with extraordinary ability in the arts, sciences, education, athletics, or business, as well as a significant record of achievement in their respective fields, may qualify for O-1 visa status with a U.S. job offer. In addition, persons with an extraordinary record of achievement in the motion picture or television industries may qualify for O-1 status.

The O-1A category is restricted to persons of extraordinary ability in the fields of science, athletics, and business. While the O-1B category is reserved for person who have demonstrated an extraordinary records of achievement in the fields of art, motion pictures, or television.

The O-2 category is for those who assist O-1A alien in an integral part of the O-1A’s activities; and for those whose assistance is essential to the successful completion of an O-1B alien’s activities. In both cases, the work to be performed by the O-2 assistant, can be readily performed by a U.S. worker.

Spouses, and dependent children under 21 of O-1 aliens, qualify for O-3 status.

The maximum initial period of stay for an O-1 alien is 3 years, renewable for an additional 1 year periods.

Extraordinary Ability Defined

In the areas of science, business, education, and athletics, extraordinary ability is considered, a high level of expertise of a person that has risen to the very top of his or her field.

With respect to the motion picture, and television industries, extraordinary ability is deemed, a demonstrated record of achievement, a high level of skill, and national or international recognition.

Extraordinary ability in the field of art, means that the person is considered to be renowned or a leading expert, with a high degree of skill recognized to be significantly greater that that possessed by ordinary members of the field.

Application Process

The prospective employer must complete an I-129 Petition, and provide a letter in support of the petition.

The beneficiary must obtain a written advisory opinion from a recognized peer group, including professional organizations, and labor unions.

In addition, an O-1A petition should include evidence that the beneficiary meets at least 3 of the following criteria:

• 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, as judged by recognized international experts.
• Published material in professional or major trade publications, newspapers or other major media about you and your work in the field for which classification is sought.
• Original scientific, scholarly, or business-related contributions of major significance in the field.
• Authorship of scholarly articles in professional journals or other major media in the 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 or in a field of specialization allied to that field for which classification is sought.
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

To qualify for an O-1B visa, the beneficiary is can either show that he or she has been awarded or has been nominated for a national or international award or prize, such as an Academy Award, Emmy, Grammy, Director’s Guild award, or provide evidence of at least 3 of the following:
 

• Performed or 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 you in major newspapers, trade journals, magazines, or other publications.
• 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 you are engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the alien's achievements.
• A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.
• If the above standards do not readily apply to your occupation in the arts, the petitioner may submit comparable evidence in order to establish your eligibility (this does not apply to the motion picture or television industry).

Change of Employers

To change employers, a new O-1 petition must be filed. However, employment can not begin with the new employer until the petition is approved.

An exception to this rule is with regards to professional athletes, where the O-1 beneficiary may be continue to work with O-1 status for 30 days following a trade to a new team. During this 30 day period, the new team or employer must file a new I-129. In the event that the new petition is denied, the athlete losses his/her employment authorization.