O-1 Visa: Individuals with Extraordinary Ability or Achievement

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 have been recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:

• O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
• O-1B: individuals with an extraordinary ability in the arts, or extraordinary achievement in motion picture or television industry
• O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
• O-3: individuals who are the spouse or children of O-1’s and O-2’s

Eligibility Criteria

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics by sustained national or international acclaim and  must be coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidence by a degree of skill and recognition substantially above the ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.  Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor. 
To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

Application Process O-1A

The petitioner should file Form I-129, Petition for Nonimmigrant Worker, (see Form I-129, Petition for Nonimmigrant Worker, link to the right) with  the USCIS office listed on the form instructions.  The petition may not be filed more than one year before the actual need for the alien's services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment.
Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent.  The required conditions can be found at the link to the right (see the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications”).
The petitioner must submit with Form I-129, Petition for Nonimmigrant Worker,  the following documentary evidence:

A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in your area of ability

A copy of any written contract between you and the petitioner or a summary of the terms of the oral agreement under which you will be employed

An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities

Evidence that you have received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:

· 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

If the above standards do not readily apply to your occupation, the petitioner may submit comparable evidence in order to establish your eligibility.

Application Process O-1B

The petitioner should file Form I-129, Petition for Nonimmigrant Worker (see the “Form I-129, Petition for Nonimmigrant Worker” link to the right) with the USCIS office listed on the form instructions. The petition may not be filed more than one year before the actual need for the alien’s services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment.

Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent.  The required conditions can be found at the link to the right (see the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications”).

The petitioner must submit with Form I-129 the following documentary evidence:

A written advisory opinion, describing your ability as follows:

• If the petition is based on your extraordinary ability in the arts, the consultation must be from a peer group (including labor organizations) in your field of endeavor; or a person or persons designated by the group with expertise in the your area of ability
• • If the petition is based on your extraordinary achievements in the motion picture or television industry, separate consultations are required from a labor and a management organization with expertise in your field of endeavor
•  A copy of any written contract between you and the petitioner or a summary of the terms of the oral agreement under which you will be employed

Evidence that you have received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least (3) three 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).

Application Process O-2

The petitioner must file a petition with USCIS for the O-2 visa.  The petitioner should file Form I-129, Petition for Nonimmigrant Worker, (see the “Form I-129, Petition for Nonimmigrant Worker” link to the right) with the USCIS office listed on the form instructions.  An O-2 alien must be petitioned for in conjunction with the services of the O-1 alien.  The petitioner may not file the Form I-129 more than one year before the O nonimmigrant will begin employment. To avoid delays, Form I-129 should be filed at least 45 days before the date of employment.
Please note; a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent.  The required conditions can be found at link to the right (see the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications”).

The petitioner must submit with Form I-129 a written advisory consultation.

• If the O-2 petition is for support of an individual with extraordinary ability in athletics or the arts, the consultation must be from the appropriate labor organization; or
• If the O-2 petition is for support of an individual with extraordinary achievement in motion pictures or television, the consultation must come from an appropriate labor organization and a management organization with expertise in a the skill area involved.
• Evidence of the current essentiality, critical skills, and experience of the O-2 alien wit the O-1 alien, and that the alien has substantial experience utilizing the critical skills and essential support services for the O-1.  In the case of a specific motion picture or television production, the evidence shall establish that significant production has taken place outside the U.S. and will take place inside the U.S. and that the continuing participation of the alien is essential to the successful completion of the production.

Once the visa petition is approved, the petitioner can apply at a U.S. embassy or consulate.  Department of State (DOS) establishes visa application processing and issuance fees.  For more information on visa application processing and issuance fees, see the “Department of State, travel.state.gov” link to the right.

Period of Stay/Extension of Stay

Initial Period of Stay	Extension of Stay
Up to 3 years	USCIS will determine time necessary to accomplish the event or activity.  Increments of up to 1 year.

As an O nonimmigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends.  You may only engage in employment during the validity period of the petition.

Extension of Stay

The petitioner must request an extension of stay to continue or complete the same event or activity or to complete a new activity by filing the following documentation with USCIS:

  Form I-129, Petition for Nonimmigrant Worker

  A copy of your Form I-94, Arrival/ Departure Record

  A letter from the petitioner explaining the reasons for the extension

Your spouse and children must file Form I-539, Application to Extend/Change Nonimmigrant Status, and submit any supporting documents to extend their stay.
 For more information see the “Form I-539 Application to Extend/Change Nonimmigrant Status” link to the right.

Family of O-1 and O-2 Visa Holders

Any accompanying or following to join 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 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.

Changing Employers

If you are an O-1 nonimmigrant in the United States and you want to change employers, then your new employer must file a Form I-129 with the USCIS office listed on the form instructions.

If the petition was filed by an agent, an amended petition must be filed with evidence relating to the new employer and a request for an extension of stay.

Note: There are special rule for athletes. When professional athletes with O-1 nonimmigrant status are traded from one team to another, employment authorization will continue with the new team for 30 days during which time the new employer must file a new Form I-129. The simple act of filing the Form I-129, within this 30-day period, extends the employment authorization at least until the petition is adjudicated.  If the new employer does not file a new Form I-129 within 30 days of the trade, the athlete loses his or her employment authorization. The athlete also loses his or her employment authorization if the new Form I-129 is denied.