O-1 Extraordinary Ability Foreign Nationals

The O category is reserved for Foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics (O-1), the artist or athletes support staff (O-2), and the O-1s spouse and/or child(ren) (O-3). To qualify, the foreign national 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.

An O-1 visa may be valid for the period necessary to accomplish the event or activity, up to three (3) years initially. It may be renewed year by year for the duration of the employment situation. It also includes short vacations, promotional appearances and stopovers, which are incidental and/or related to the event.

• "Extraordinary Ability" Defined. A person who has reached a level of expertise or skill indicating that he/she is one of a small percentage who have risen to the top of his/her field of endeavor. This must be demonstrated by a showing of sustained national or international acclaim. Artists and entertainers in the television and motion picture industry are subject to a lesser standard, as they must show a demonstrated record of extraordinary achievement.
• Documentation of "Extraordinary Ability" - Scientists, Educators, Business Persons and Athletes Evidence that the foreign national has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:
  1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  2. Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
  3. Published material in professional or major trade publications, newspapers or other major media about the foreign national and his work in the field for which classification is sought;
  4. Original scientific, scholarly, or business-related contributions of major significance in the field;
  5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
  6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
  7. 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;
  8. 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 foreign national's occupation, the petitioner may submit comparable evidence in order to establish the foreign national's eligibility.

• Documentation of "Extraordinary Ability" - Artists and Entertainers (Except Those Affiliated With Motion Picture or Television Productions): ''Arts'' is defined as "any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts and performing arts." The term includes those who not only perform other essential technical or creative personnel such as, but not limited to, musicians, directors, set designers, lighting designers, sound designers, choreographers, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, stage technicians, and animal trainers. The O-1 petition in the arts must establish that the artist meets the standard of distinction and prominence in his or her field either by showing that the beneficiary has been nominated or received a significant national or internationally award or prize or by a combination of three or more of the following:
  • Has performed or will perform services as a lead or starring participant in distinguished productions or events;
  • National/international recognition for achievements through critical reviews or other published materials by or about the beneficiary in major papers, trade journals/magazines;
  • Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, and testimonials;
  • Has a record of major commercial or critically acclaimed successes;
  • Has received significant recognition from organizations, critics, government agencies or recognized experts;
  • Has or will command a high salary or other remunerations in the field; or
  • If the above standards do not readily apply then comparable evidence of eligibility can be submitted.
• Artists and Entertainers Entering in Connection With Motion Picture or Television Production. Individuals in this industry are held to a slightly different standard than others applying for an O-1 visa. They must document "extraordinary achievement". This is a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable or leading in the industry. A record of extraordinary achievement is demonstrated by similar evidence as listed in Artists above, however the regulations do not provide for the submission of other comparable evidence.