The O category is reserved for:
- Aliens of extraordinary
ability in the sciences, arts, education, business, or athletics (O-1),
- the artist’s or athlete’s
support staff (O-2), and
- the O-1’s spouse and/or
child(ren) (O-3).
To qualify, the alien must be
coming to the U.S. to work in his or her area of extraordinary ability or
achievement. There is currently no annual cap on O visas.
O1 Visa Extraordinary Ability
(Science, Education, Business, or Athletics)
The O-1 category applies to aliens coming temporarily who has extraordinary
ability in the sciences, education, business, or athletics (not
including the arts, motion pictures or television).
Petition Document Requirements
A U.S. employer should file the petition (Form I-129) with:
- A written advisory opinion
from a peer group (including labor organizations) or a person designated
by the group with expertise in the aliens area of ability;
- A copy of any written
contract between the employer and the alien or a summary of the terms of
the oral agreement under which the alien will be employed;
- 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 and his work in the field for which classification is
sought;
- Original 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 for which classification is sought;
- A high salary or other
remuneration for services as evidenced by contracts or other reliable
evidence;
- Participation on a
panel, or individually, as a judge of the work of others in the same or
in a field of specialization allied to that field for which
classification is sought;
- Employment in a
critical or essential capacity for organizations and establishments that
have a distinguished reputation.
If the above standards do not
readily apply to the aliens occupation, the petitioner may submit comparable
evidence in order to establish the aliens eligibility.
O1 Visa Extraordinary Ability
(Arts, Motion Picture, or Television)
The O-1 category also applies to aliens who are coming temporarily and
have extraordinary ability in the arts or extraordinary achievement
in the motion picture or television industry.
Petition Document Requirements
A U.S. employer should file the I-129 petition with:
- A written advisory opinion,
describing the alien’s ability as follows:
- If the petition is
based on the aliens extraordinary ability in the arts, the consultation
must be from a peer group (including labor organizations) in the aliens
field of endeavor; or a person or persons designated by the group with
expertise in the aliens area of ability.
- If the petition is
based on the aliens extraordinary achievements in the motion picture or
television industry, separate consultations are required from a labor and
a management organization with expertise in the aliens field of endeavor.
- A copy of any written
contract between the employer and the alien or a summary of the terms of
the oral agreement under which the alien will be employed;
- 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 Directors 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 as evidenced by critical
reviews, advertisements, publicity releases, publications, contracts or
endorsements;
- Achieved national or
international recognition for achievements, as shown by critical reviews
or other published materials by or about the individual 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, with the testimonials clearly indicating the authors authority,
expertise and knowledge of the aliens achievements;
- A high salary or other
substantial remuneration for services in relation to others in the field,
as shown by contracts or other reliable evidence; or
If the above standards do not
readily apply to the aliens occupation, the petitioner may submit comparable
evidence in order to establish the aliens eligibility.
O2
Visa 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.
Petition Document Requirements
The petition must be filed by a U.S. employer in conjunction with the filing of
the O-1 alien petition and must be filed with:
- A written advisory opinion.
- If the O-2 petition is
for an alien accompanying an O-1 alien of extraordinary ability in the
arts, the opinion must be from a labor organization with expertise in the
skill area involved.
- If the O-2 petition is
for an alien accompanying an O-1 alien of extraordinary achievement in
the field of motion picture or television, the opinion must be from a
labor organization and a management organization with expertise in the
skill area involved.
- Evidence of the current
essentiality, critical skills, and experience of the O-2 alien with the
O-1 alien, and that the alien has substantial experience utilizing the
critical skills and essential support services for the O-1. In the case of
a specific motion picture or television production, the evidence shall
establish that significant production has taken place outside the U.S.,
and will take place inside the U.S. and that the continuing participation of
the alien is essential to the successful completion of the production.
O3
Visa 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.
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