O-1 Visa: Extraordinary ability or achievements in Science, Art, Education, Business or Atlhetics

Overview

An O visa is a non-immigrant visa is available to an applicant who possesses an internationally or nationally renowned ability in the sciences, arts, education, business or athletics and wishes to work temporarily in the US. The visa permits the applicant to continue working only in his area of extraordinary talent. O-1A visas are also available to chefs, carpenters, lecturers, medical clinicians, management consultants, IT professionals and other unusual professionals.  We request that you provide a detailed copy of curriculum vitae or resume of the candidate, in order to provide a realistic assessment of the prospect for an O visa.

TYPES OF O VISAS:

• O-1A - individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry).
• O-1B - individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
• O-2 - individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. "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 U.S. worker and which are essential to the successful performance of the O-1."[

Employee Requirements

The following evidence is necessary to prove an individual is extraordinary in its field of endeavor:

• Original contributions of major significance.
• Nationally or internationally recognized awards.
• Membership in associations which require outstanding achievements of their members.
• Published material, relating to the applicant’s in the area of extraordinary ability, in professional or major trade publications or major media.
• Evidence that the applicant has judged the work of others in the field.
• Evidence of the applicant’s original scientific, scholarly, or business-related contributions of major significance in the field or serving a critical role for distinguished organizations.
• Authorship of scholarly articles in the field, abstract or presentations in professional journals, or other major media outlets.
• Evidence that the applicant has been employed in a critical position at an organization with a distinguished reputation.
• High salary in comparison to others in his field.

It is essential that the area of special expertise be clearly explained, defined and articulated for a lay person to understand. Additionally, it is critical to obtain a diversity of institutional letterheads to documents the candidate’s distinction (awards, most significant contributions, distinctions, media coverage, achievements, membership in distinguished society, judge or evaluation the work of others).

TIMING ISSUES: The O-1 visa is limited to a maximum duration of three years, renewable and extendable for one year at a time, as long as the employment continues and the presence of the professional is required. The individual must have an employer sponsor the petition for the O visa, and the employer may also in the future, sponsor the individual for permanent residency in the United States.

FAMILY:  An O-1's spouse and child are admitted as O-3, for the same length of stay and subject to the same limits as the principal O-1. 

• A spouse of an O-1 employee is eligible for employment in the U.S.
• The child is barred from employment unless otherwise authorized.