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HOME > Practice Areas > O-1 Visa
   
 

:: O-1 Visa
The O-1 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 has been recognized nationally or internationally for those achievements.

:: Extraordinary Ability
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability 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 fields of Science, Education, Business or Athletics means "a level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor." Extraordinary ability in the field of Arts means "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered."

:: Requirements for Persons with Extraordinary Ability in the fields of Science, Education, Business or Athletics
To qualify for O-1 status, the applicant 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 receipt of a major, internationally-recognized award, or by documenting at least 3 of the following criteria:

1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
2. Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
3. Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
4. Original scientific, scholarly, or business-related contributions of major significance in the field
5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
7. 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
8. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

:: Requirements for Persons with Extraordinary Ability in the fields of Arts
To qualify for O-1 status, the applicant in the field of Arts must demonstrate high level of achievement in the field of arts as evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person is described as prominent, leading, or well known in the field of arts. Applicant must be recognized as being prominent in his/her field as demonstrated by evidence that he/she 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, or by documenting at least three of the following criteria:

1. 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
2. Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
3. Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
4. 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
5. Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the beneficiary's achievements
6. A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence

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