O-1 Alien of Extraordinary Ability
An O-1 visa is a temporary non-immigrant visa which is available for individuals of extraordinary ability in the fields of science, education, business, athletics and the arts. In order to qualify, the individual must have sustained international or national acclaim and be coming to the United States to work in the field of ability. The applicant must have an offer of employment and have a specific identifiable agenda for the employment such as a scientific project, conference, convention, lecture series, tour, exhibit, business project, academic year, or engagement. Such activity may include short vacations, promotional appearances, and stopovers which are incidental and/or related to the specific agenda or event.
Extraordinary ability in science, education, business, or athletics
Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of a small percentage who have arisen to the very top of the field of endeavor. An alien of extraordinary ability in the fields of science, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:
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 disciplines or fields;
- Published material in professional or major trade publications or major media about the applicant, related to the applicant’s work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;
- Participation on a panel or individually, as a judge of the work of others in the panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that 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;
- Evidence that the applicant has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
- Evidence that the applicant has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
C. If the criteria above does not readily apply to the occupation, other comparable evidence may be submitted.
Extraordinary ability in the arts
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent hat a person described as prominent is renowned, leading or well-known in the field of arts.
Arts include any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. Eligible individuals engaged in the field of arts include not only the principle creators and performers but other essential persons such as, but not limited to, Directors, set designers, lighting designers, sound designers, choreographers, choreologists conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.
To qualify as an alien of extraordinary ability in the field of arts, the applicant must be recognized as being prominent in his or her field of endeavor as demonstrated by the following:
A. Evidence of nomination for, or receipt of, significant national of international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; or
B. At least three of the following forms of documentation:
- Evidence that the applicant 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 that the applicant has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
- Evidence that the applicant has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
- Evidence that the applicant 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, or other publications;
- Evidence of receipt of significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field. Such testimonials must be in a form which clearly indicates the authority, expertise, and knowledge of the alien’s achievements; or
- Evidence that the applicant has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence; or
C. If the criteria above does not readily apply to the beneficiary’s occupation, comparable evidence may be submitted.
