Powell Immigration Law PC | Business, Employment and Family Immigration Law | California

O-1 Extraordinary Ability Visa

A BASIC OVERVIEW OF THE VISA IS PROVIDED HERE. IF YOU HAVE FURTHER INQUIRIES AS TO THE APPLICATION PROCESS OR WHETHER OR NOT THIS IS THE CORRECT ROUTE FOR YOUR NEEDS, PLEASE DON'T HESITATE TO CONTACT US.

General

The O-1 visa is made available to people of extraordinary ability in the field of arts, science, education, business or athletics. For an individual to qualify, he or she must have achieved a level of expertise indicating that the applicant is among the few who have risen to the top of their respective fields.

Requirements

Employer Eligibility for Sponsorship

In order to sponsor an O-1 visa, an employer must prove that the occupation he or she is enlisting for has one of the two following qualities:

  • The occupation involves a specific scientific or educational project, conference, convention, lecture or exhibit and is sponsored by a scientific or educational organization.
  • The service includes a specific business project that necessitates an executive, manager or highly technical person of exceptional caliber due to the project's complexity. 

Employee Eligibility

For an individual to be eligible for the O-1 visa, the applicant must have earned national or international acclaim through the receiving of leading internationally recognized awards or provide proof of at least three of the following:

  • The individual has received nationally or internationally recognized awards or prizes in his or her field.
  • Membership in associations requiring exceptional achievements as judged by recognized national or international experts in their fields.
  • The applicant's endeavors have been described in professional trade publications or by major media organizations.
  • The individual has participated as a judge of others's work in the an identical or similar field.
  • The individual has penned articles that have been published in professional trade publications.
  • Original scientific, scholarly or business-related contributions of outstanding significance in the applicant's field.
  • Performance in leading or critical roles for organizations of distinguished repute. 
  • High salaries for services performed.
  • Any other evidence to demonstrate the extraordinary nature of the applicant and his or her eligibility. 

Variations and Additional O Category Visas

O-1A

Includes individuals of extraordinary ability in the sciences, education, business or athletics (excluding other roles in the entertainment industry).

O-1B

Includes persons of extraordinary ability in the arts or  motion picture/television industry.

O-2

Pertains to persons who accompany an O-1 visa artist or athlete as an assistant facilitating specific events or performances.  For an O-1A beneficiary, the O-2’s assistance must be an essential component of the O-1A’s activity. For an O-1B beneficiary, the O-2’s assistance must be viewed as vital to the successful completion of the O-1B’s production. The O-2 worker must also have skills and experience of such a nature that his or her services cannot readily be performed by a U.S. worker and of which are necessary to the successful performance of the O-1 beneficiary.

O-3

The spouses or children of O-1 and O-2 beneficiaries. 


 

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