O-1, EXTRAORDINARY ABILITY

O-1, EXTRAORDINARY ABILITY 


O-1 visas are temporary nonimmigrant visas, available for highly talented or acclaimed individuals in the sciences, education, business or athletics. To qualify for an O-1 visa, the applicant must have extraordinary ability "demonstrated by sustained national or international acclaim." Extraordinary ability means a "level of expertise indicating that the person is one of that small percentage who has risen to the very top of the field of endeavor." Although this may sound daunting, there are objective criteria that may be used to meet the standards for success. Please note that if the applicant has received a major, international award (i.e., a Nobel prize), none of the following standards will apply because he/she will automatically qualify based on the singular achievement.

The O-1 category is especially helpful to medical researchers, athletes, and business people who may lack the qualifications or salary required for the H-1B program. In addition, to date, there have been no numerical limitations reached on the O-1 program, thereby allowing any number of applicants to qualify each fiscal year.

Another significant advantage to the O-1 program for physicians and researchers subject to the two-year home residency requirement is that an applicant previously on a J-1 may obtain an O-1 visa without a J-1 Waiver. Although a waiver would still be needed if the former J-1 visa holder seeks to change from O-1 to H-1B or permanent residency, the O-1 is a valuable visa that could be used as an important strategic tool in overall immigration strategy planning.

The criteria outlined below will assist in establishing that the applicant is an "alien of extraordinary ability." By statute, the applicant must produce a minimum of three (3) of the following types of evidence that will establish that the applicant is one of that small percentage who has risen to the top of his/her field of expertise:

· Documentation of receipt of a lesser nationally or internationally recognized prize or award for excellence in the applicant's field;

· Documentation of membership in associations in the applicant's field that demand outstanding achievement of its members; 

· Evidence of published material about the applicant, in trade publications or media; 

· Evidence that the applicant has performed services as a judge of the work of others in his/her field;

· Evidence of the applicant's original contributions of major significance to his/her field; 

· Evidence of authorship of scholarly articles; 

· Evidence that the applicant has performed in a leading or critical role for organizations that have a distinguished reputation; or 

· Evidence that the applicant has commanded high remuneration in relation to others in his/her field. 

If the above standards do not readily apply to the applicant's field of extraordinary ability, he/she may submit comparable evidence in order to establish eligibility. In addition, an O-1 petition must be accompanied by a peer group letter and, if applicable, a labor organization letter, confirming the business necessity for the temporary position offered and a statement of "no objection." 

Please note that there are separate regulatory requirements for entertainers and artists who wish to apply for an O-1. Please contact our office directly for an outline of these requirements as they are significantly more complex than those outlined above. 

An I-129 petition with the O supplement must be filed to request O-1 approval. Petitions must be filed at the U.S. Citizenship and Immigration Services center having jurisdiction over the place of intended employment and may not be filed more than six months in advance of the need for the applicant's services. There is no limit on the length of admission for an O-1 applicant, except that admission is usually authorized for a period of three years for the temporary position offered. Dependents of O-1 visa holders are categorized as O-3s and are not authorized to work while in said status. 

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