The O-1 visa classification is for aliens of “extraordinary” ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion pictures and television production, and essential support personnel.
An O-1 visa holder is initially admitted to the US for the duration of the event, production or activity, not to exceed 3 years. Extension of stay for O-1 alien can be granted in increments of up to one year to continue or complete the same event or activities for which they are admitted.
O-1 Extraordinary Ability (Science, Education, Business, or Athletics)
In order to demonstrate the extraordinary ability, a U.S. employer must show the following evidence:
- Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize
or evidence of at least three of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts
- Published material in professional or major trade publications, newspapers or other major media about the alien concerning the alien’s work in the field
- Participation on a panel, or individually, as a judge of the work of others in the field
- Scientific, scholarly, or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
O-1 Extraordinary Ability (Arts, Motion Picture, or Television)
In order to demonstrate the extraordinary ability, a U.S. employer must show the following evidence:
- Evidence the alien has received, or 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 three of the following
- Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation
- Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the alien in major newspapers, trade journals, magazines, or other publications
- 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 from organizations, critics, government agencies or other recognized experts in the field in which the alien is engaged
- 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 alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility
O-2 Support Personnel
The O-2 category applies to aliens accompanying an O-1 artist or athlete to assist in a specific event or performance. This person would be acting as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete because he or she performs support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.
O-3 Dependents
Spouses and minor children (dependents) of O-1’s are admitted under O-3 status with the same restrictions as the principal. They may not work in the U.S. under this classification.
A letter of commendation
A petitioner needs to provide 4-6 letters addressed from recognized experts describing the area of expertise, extraordinary ability and achievements of the alien. It also should be mentioned that the beneficiary is a leader in the field/at the top of the field. Also, a petitioner should file the petition with a written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the alien's area of ability.
(information from USCIS)
