O-1 Foreign Nationals with Extraordinary Ability
An O visa is suitable for persons who have an extraordinary ability in the sciences, arts, education, business, athletics, or the motion picture and television industries which has been demonstrated by sustained national or international acclaim.
(Links to headings below)
O-1 Visa Requirements
O-2 Support Personnel for O-1 Artist or Athlete
Difference Between O-1 and EB-1
Working for More Than One Employer or Changing Employers
Duration of Stay
Numerical Limits
Dependents
Helpful Links
O-1 Visa Requirements
To qualify, the foreign national must be coming to the U.S. to continue work in his or her area of extraordinary ability or achievement. The foreign national must be able to prove extraordinary ability or achievement through substantial evidence.
The regulations set forth various standards for different fields. Extraordinary ability in the field of arts, motion picture and television means “distinction,” which is defined as “prominent, leading, or well-known” in the field. In contrast, there is a different standard of achievement in the industries, and extraordinary ability in business or sciences means the person is “one of the small percentage who have risen to the top of the field of endeavor.”
A foreign national cannot self-petition for an O-1 visa; a U.S. employer is required. The USCIS regulations permit an “agent” to act as an employer and to pay the foreign national.
O-2 Support Personnel for O-1 Artist or Athlete
The O-2 category applies to foreign nationals 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.
Difference between O-1 and EB-1
The regulations set forth 10 criteria for proving O-1 extraordinary ability, which are nearly identical to the EB-1 extraordinary ability criteria. 6 separate criteria are provided in the regulations for people in the arts and the motion picture and television industry.
The O-1 category applies to foreign nationals seeking a temporary nonimmigrant status, while the EB-1 category is for foreign nationals seeking permanent immigrant status. A person seeking O-1 status must have an employer in the U.S., while a person seeking permanent residence in the EB-1 category does not need a U.S. employer.
Working for More Than One Employer or Changing Employers
A foreign national may work for more than one employer at the same time, however, each employer must file a separate petition. A foreign national may also change employers on O-1 visa, however, a new petition must be filed by the new employer as well.
Duration of Stay
O petitions may be granted for up to 3 years, with extensions in 1 year increments.
Numerical Limits
There is currently no annual cap on O visas.
Dependents
Dependents (spouses and unmarried children under 21 years of age) 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.
Helpful Links
Click here for more information on O Visa.
