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| The O visa is set-aside for aliens of
"extraordinary" ability in the sciences, arts, education,
business or athletics, certain aliens accompanying or
assisting those aliens, and their family members. The
fundamental requirement for an O visa is to have reached the
top of the profession or endeavor for which the alien seeks
admittance into the Unites States. The beneficiary of an O
visa may remain in the States until the event; project or
activity for which the alien is admitted is completed. The
initial period of stay can be sought for three years and
thereafter one-year increments may be sought to complete the
activity, event or project. An employer must file a petition
for the O alien; the petition must be submitted only after the
employer consults with a peer group, labor organization, or
management organization regarding the work to be performed and
the alien's qualifications |
| There is no prevailing wage requirement, the
O1 visa may be extended indefinitely and there is no numerical
limit to the number of O1 visas issued. |
| The O1 visa is a good option for J1 visa
holders who are subject to INA §212(E) and have not obtained a
waiver. The J1 visa holder can apply for an O1 visa via third
country processing. |
| Scientists, educators, businesspersons
and athletes who wish to qualify for the visa must show three
of the following: |
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Receipt of nationally or internationally
recognized prizes/awards for excellence in the field;
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Membership in associations in the field that require
outstanding achievement of their members, as judged by
recognized national or international experts; |
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Published material in professional or major trade
publications or major media about the alien; |
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Participation on a panel or as a judge of the work
of others in the same or an allied field of
specialization; |
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Original scientific, scholarly, or business-related
contributions of major significance; |
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Authorship of scholarly articles in professional
journals or other major media; |
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Current or previous employment in a critical or
essential capacity for organizations and establishments
that have a distinguished reputation; or, |
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Past or proffered high salary or other remuneration
for services, evidenced by contracts or other reliable
evidence. |
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Artists and Entertainers
(except TV or movie stars) who wish to qualify for the
visa must show three of the following: |
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As performed/will perform services as a
lead/starring participant in productions/events with
distinguished reputations as shown by critical reviews,
ads, publicity releases, publications, contracts, or
endorsements; |
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National/international recognition for achievement
through critical reviews, other published materials by
or about the beneficiary in major papers, trade
journals/magazines, etc.; |
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Has performed in a lead, starring or critical role
for organizations and establishments that have a
distinguished reputation evidenced by media articles,
testimonials, etc.; |
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Has record of major commercial or critically
acclaimed success; |
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Has achieved significant recognition from
organizations, critics, government agencies, recognized
experts; |
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Has commanded or will command a high salary/other
remuneration in relation to others in the field. |
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Artists and Entertainers in connection with TV or
Movies who wish to qualify for the visa must show a very
high level of accomplishment in the motion picture or
television industry evidenced by a degree of skill and
recognition significantly above that ordinarily
encountered to the extent that the person is recognized
as outstanding, notable, or leading in the motion
picture or television field. | |
| Spouses and children of the O1 visa holder may
obtain an O-3 visa to enter and remain in the US. The O3 visa
holder may attend school but if he or she wishes to work, he
or she must change his or her status to obtain a work
visa. |
| For whom is an O1 Visa
appropriate? |
| Foreign nationals who have received major
prizes or awards or other recognition for outstanding
achievements in the field of arts, sciences, education,
business or athletics and with a job offer from a U.S.
company |
| What are the requirements for
obtaining an O1 Visa? |
| An O1 classification applies to: |
| An individual alien who has extraordinary
ability in the sciences, arts, education, business, or
athletics which has been demonstrated by sustained national or
international acclaim and who is coming temporarily to the
United States to continue work in the area of extraordinary
ability; or |
| An alien who has a demonstrated record of
extraordinary achievement in motion picture and/or television
productions and who is coming temporarily to the United States
to continue work in the area of extraordinary
achievement. |
| O2 Visa |
| The O2 visa is designated for persons that
accompany and assist an O1 visa holder in a specific athletic
or artistic event or in the motion picture or television
industry. O2 visas are not available for those who accompany
or assist O1 visa holders in education, science, or
business. |
| Spouses and children of the O2 visa holder may
obtain an O3 visa to enter and remain in the US. The O3 visa
holder may attend school but if he or she wishes to work, he
or she must change his or her status to obtain a work
visa. |
| For whom is a O2 Visa
appropriate? |
| Essential support personnel of O1 visa
holders |
| What are the requirements for
obtaining an O2 Visa? |
| An O-2 classification applies to an
accompanying alien who is coming temporarily to the United
States solely to assist in the artistic or athletic
performance by an O-1. The O-2 alien must: |
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Be an integral part of the actual
performances or events and possess critical skills and
experience with the O1 alien that are not of a general
nature and which are not possessed by others; or |
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In the case of a motion picture or television
production, have skills and experience with the O1 alien
which are not of a general nature and which are
critical, either based on a pre-existing and
longstanding working relationship or, if in connection
with a specific production only, because significant
production (including pre- and post-production) will
take place both inside and outside the United States and
the continuing participation of the alien is essential
to the successful completion of the
production. | |
