O-1 Extraordinary Ability or Achievement Visa
Those Individuals with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production may be eligible for an O-1 visa.
There are two types of O-1 Visa:
- O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics;
- O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
- A demonstration of sustained national or international acclaim;
- The person must be coming temporarily to the United States to continue work in the area of extraordinary ability;
- In the fields of science, education, business or athletics extraordinary ability 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;
- Extraordinary ability in the field of 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;
- Extraordinary achievement in the motion picture or television industry, means the person must demonstrate 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.
Contract between the petitioner (employer) and beneficiary (employee): A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed is needed.
The petitioner must establish that there are events or activities in the beneficiary’s field of extraordinary ability for the validity period requested, e.g. an itinerary for a tour or a series of events.
These are available for individuals who will accompany an O-1:
- O-1A: To assist in a specific event or performance. The O-2’s assistance must be an “integral part” of the O-1A’s activity.
- 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.
Spouses and Unmarried Children (under 21)
Are eligible for an O-3 Visa. This visa allows the person to study full or part-time, but does not allow them to work in the U.S.
Length of Visa
The initial visa will be for up to 3 years. The individual may apply for an extension of stay to continue or complete the same event or activity.