O-1

The O-1 Visa is for the individual who has “extraordinary” ability in the sciences, arts, education, business or athletics.  This ability must be demonstrated by national or international acclaim.  Their prospective employment is restricted to the petitioning entity and the individual must be coming to the U.S. to perform a specific job in their field. Those in the television and motion picture industry are treated somewhat differently.  O-1 Visas are granted for a maximum of three years at a time, and are not limited as to the number of times they may be extended.

The O-1 falls into two categories depending on the field of expertise:

• O-1A – for individuals with extraordinary ability in the sciences, education, business, or athletics (not including the arts, television industry, or motion pictures).
• O-1B – for individuals with extraordinary ability in the arts or extraordinary achievement in the television or motion picture industry.
  

Evidentiary Criteria for O-1A
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The beneficiary must have received a major, internationally-recognized award, such as a Nobel Prize, or satisfy at least three of the following:

• Receipt of  nationally or internationally recognized awards or prizes in their field of employment;
• Membership in associations in the field for which classification is being sought which require outstanding achievement, as judged by qualified experts on a national or international level;
  
• Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work;
• Original scientific, scholarly, or business-related contributions of major significance in the field;
• Authorship of scholarly articles on major media sites in the field for which classification is sought;
• A high salary for services as evidenced by contracts or other reliable evidence;
• Participation on a panel, or individually, as a judge of the work of the others in the same field or a field closely related to the field for which classification is sought;
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

Comparable evidence may be submitted by the petitioner if the above standards do not readily apply to the beneficiary’s field of work.

Evidentiary Criteria for O-1B

The beneficiary must provide evidence that they have received, been nominated for, gained significant national or international awards or prizes in the particular field, such as an Academy Award, Grammy, Emmy, and the like, or at least three of the following:

• Performed and will perform services as a lead or starring participant in events or productions which have a distinguished reputation as evidenced by advertisements, critical reviews, publications, publicity releases, endorsements, or contracts;
• 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;
  
• 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;
• 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 for 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;
• 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 the beneficiary’s occupation, the petitioner may submit comparable evidence to establish eligibility. (This exception does not apply to the motion picture or television industry).