O-1 Visa Status

O-1 Overview

The O-1 nonimmigrant visa category is for individuals who have extraordinary ability — demonstrated by sustained national or international acclaim — in the sciences, arts, education, business, or athletics.

Regulations define “extraordinary ability” as applied to the O-1 classification as the following:

  • A level of expertise indicating that the person is one of a small percentage who has risen to the very top of their field of endeavor; or

  • In the field of arts, distinction, defined as a high level of achievement, as evidenced by a degree of skill and recognition substantially above that ordinarily encountered; to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

The initial O-1 may be granted for 3 years; extensions are granted in 1-year increments, indefinitely. 

A change of employers requires a petition by the new employer.

O-3 dependents of O-1 visa holders are not eligible for employment in O-3 status.

Given O-1’s rigorous criteria for eligibility, IFSO will opt for the O-1 only if the case is clearly eligible and where it is not possible or practical to sponsor the individual for a different nonimmigrant visa category such as the H-1B.  

Eligibility Requirements

Peer Review

The O-1 category requires a written consultation/advisory opinion from a peer group, or from recognized expert(s) in the applicant's area of ability.

Evidence

If the applicant received a major, internationally recognized award, such as the Nobel Prize, no further documentation is needed. Otherwise, the petition must include evidence of three or more 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 which require outstanding achievements of their members as judged by recognized national or international experts in the discipline.

  3. Published materials in professional publications or major media about the applicant, relating to their work in the field.

  4. Evidence of participation on a panel or individually as judge of the work of others in the field.

  5. Scientific, scholarly, or business-related contributions of major significance in the field.

  6. Evidence of authorship of books or articles in the field in professional journals or other major media.

  7. Evidence of previous employment in a critical or essential capacity for organizations having a distinguished reputation.

  8. Evidence that the beneficiary has commanded and now commands or will command a high salary or other compensation for services. 

 

Resources

For more information, please see the following documents:

  • O-1 Criteria Checklist for Employees (see attachments)

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