The O Visa

The O-1 visa is a temporary work visa available to foreign nationals who have "extraordinary ability in the sciences, arts, education, business or athletics" which "have been demonstrated by sustained national or international acclaim." It is also available to foreign nationals in motion pictures and television who can demonstrate a record of "extraordinary achievement."

The person entering the U.S. must be coming to work in their field of ability.

To obtain an O-1 visa to work in the sciences, education, business or athletics, applicants must demonstrate that they possess "a level of expertise indicating that the person is one of the small percentage who have risen to the top of the field of endeavor." There are two ways to demonstrating this expertise:

  1. One way is through receiving a major internationally recognized award such as a Nobel Prize.
  2. The other way is by providing documentation in three of the following categories:


    1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
    2. Membership in associations in the field which require outstanding achievements of their members
    3. Published material about the foreign national
    4. Participation as a judge of the work of others in the same or similar fields
    5. Evidence of original contributions of significance in the field
    6. Authorship of scholarly articles
    7. Evidence of employment in a critical or essential capacity for organizations with a distinguished reputation
    8. Evidence that the foreign national has or will command a high salary

      Comparable evidence not mentioned above may also be submitted to evidence extraordinary ability.

Extraordinary Ability in the Arts

Extraordinary ability in the arts means that the applicant has attained "distinction." Distinction is defined as "a high level of achievement in the field of arts evidence by a degree of skill and recognition substantially above that ordinarily encountered." The applicant can show distinction by being the nominee or recipient of an important national or international prize or by submitting documentation in at least three of the following categories:

  • Evidence that the foreign national has 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 released, publications contracts, or endorsements; Evidence that the foreign national has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
  • Evidence that the foreign national has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
  • Evidence that the foreign national has a record or major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
  • Evidence that the foreign national has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the filed in which the foreign national is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the foreign nationals' achievements; or
  • Evidence that the foreign national has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidence by contracts or other reliable evidence.

    Comparable evidence may also be submitted to evidence extraordinary ability.

    • Extraordinary Achievement in Television
    or Motion Pictures

    The same criteria are used to determine extraordinary achievement as are used in determining distinction in the arts. However, the evidence is weighed differently and the applicant does not have to meet as high a standard.

    O-2 Visa

    An O-2 visa can be obtained for individuals accompanying the O-1 visa holder who will assist the O-1 foreign national in their performance. To qualify for an O-2 visa, the applicant must meet the following requirements:

  • Be an integral part of the actual performance
  • Have critical skills and experience that cannot be performed by others
  • In television and motion pictures, have a long-standing working relationship with the O-1 visa holder.

    Evidence must be submitted to establish the applicant's essential role, and that they have skills and experience not possessed by an immediately available U.S. worker.

    • Duration of O Visa

    The O visa is initially granted for 3 years but can be extended in 1 year increments for an indefinite period of time. The O visa permits dual intent (immigrant intent) and the foreign national can pursue permanent residency at the same time.

    Dependants

    Spouses and children under the age of 21 may accompany the principal visa holder to the United States for the duration of the principal's O visa in O-3 status.

    Spouses and children of O visa holders may study in U.S. on the O-3 visa without obtaining a student visa (F-1). However, spouses on O-3 visas may not work.

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