O-1 NONIMMIGRANT VISA

The O-1 nonimmigrant visa is for the individual who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has demonstrated a record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The O Nonimmigrant classification is classified as follows:

1. O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
2. O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
3. 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
4. O-3: individuals who are the spouses or children of O-1’s and O-2’s

The key to success in obtaining an O-1 visa is in defining the field of endeavor.

• The ‘O’ category is for highly talented or nationally or internationally acclaimed foreign nationals who may not qualify in other Nonimmigrant categories such as ‘H’, ‘L’ or ‘J’. Sometimes, people may like to avoid these categories for various reasons. The category is especially very helpful to Business Professionals, Entertainers, Artists, and Athletes who lack professional degrees. The ‘O’ category is a useful and flexible alternative to the H-1B program because there is no wage maintenance feature, no overall limit on time in classification, and no quota or cap restrictions.

Main Requirements

O-1 beneficiaries in the Sciences, Arts, Education, Business, or Athletics must have extraordinary ability “demonstrated by sustained national or international acclaim. The achievements of all types of O-1 beneficiaries must be “recognized in the field through extensive documentation”.
The following documentary evidence must be submitted with the O-1 Application:

1. Consultation
   
   A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary’s area of ability. If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.
   
   Exceptions to the Consultation Requirement:

If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist, the decision will be based on the evidence of record. A consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation. Petitioners should submit a waiver request and a copy of the previous consultation with the petition.

2. Contract between petitioner and beneficiary

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 should be provided.

The summary of the terms of the oral agreement must contain:

1. What was offered by the employer? and
2. What was accepted by the employee?

3. Itineraries
   
   An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable needs to be provided. 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.

Eligibility Criteria for O-1A

In addition to the above required documents, petitioner should also prove “extraordinary ability by providing evidence either of the beneficiary’s receipt of a “major, internationally recognized award, such as Nobel Prize”, or documentation of at least three of the following:

1. Receipt of nationally or internationally recognized prizes/awards for excellence in the field;
2. Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts;
3. Published material in professional or major trade publications, newspapers or other major media about the alien and the alien’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;
6. Past or current proffered high salary or other remuneration for services 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 an allied field of specialization for which classification is sought;
8. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

Eligibility Criteria for O-1B

Evidence that the beneficiary has received, or has been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least (3) three of the following:

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.

Evidentiary Criteria for O-2

The evidence should establish the current essentiality, critical skills, and experience of the O-2 beneficiary with the O-1 beneficiary, and that the beneficiary has substantial experience performing the critical skills and essential support services for the O-1.

In the case of a specific motion picture or television production, the evidence should establish that significant production has taken place outside the United States and will take place inside the United States, and that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.

Consultation for O-2

If the O-2 petition is for support of an individual with extraordinary ability in athletics or the arts, the consultation must be from the appropriate labor organization; or if the O-2 petition is for support of an individual with extraordinary achievement in motion pictures or television, the consultation must come from an appropriate labor organization and a management organization with expertise in the skill area involved.

Exception: If Petitioner demonstrates that an appropriate peer group, including a labor organization, does not exist, then USCIS will make a decision based on the evidence of record.

Frequently Asked Questions

O-1 Visa or Status Questions

Immigration Attorney Ramesh Khurana O-1 Visas