O-1 Visa: Individuals with Extraordinary Ability or Achievement
The Individuals with Extraordinary Ability or Achievement Visa, also known as the O-1 visa, is a temporary visa for persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.
Four types of O-1 visas:
O-1A for individuals with an extraordinary ability in the sciences, education, business, or athletics.
O-1B for individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.*
O-2 for individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. U.S. worker and which are essential to the successful performance of the O-1.
O-3 for individuals who are the spouse or children of O-1’s and O-2’s
*(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)
Spouse, children, and assistant(s) included. Your spouse, children, and/or assistants may be able to accompany you as well.
Three year temporary stay. This visa is initially granted for up to three years, but can be extended for one year at a time.
No limit on extensions. But visa must be for one year at a time.
1) Must demonstrate extraordinary ability by sustained national or international acclaim.*
2) Must be coming temporarily to the United States to continue work in the area of extraordinary ability.
3) 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.
*Extraordinary ability meaning in the following fields:
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.
Arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of 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.
Motion picture or television industry means 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.
4) Your employment in the US must qualify as an “Event.”
5) Your petition must be filed by a US employer, US Agent, or foreign employer through a US Agent.
6) Must have an advisory opinion from a peer group, labor organization, or management organization.