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:
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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
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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:
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Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
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Membership in associations in the field which require outstanding achievements of their members as judged by recognized national or international experts in the discipline.
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Published materials in professional publications or major media about the applicant, relating to their work in the field.
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Evidence of participation on a panel or individually as judge of the work of others in the field.
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Scientific, scholarly, or business-related contributions of major significance in the field.
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Evidence of authorship of books or articles in the field in professional journals or other major media.
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Evidence of previous employment in a critical or essential capacity for organizations having a distinguished reputation.
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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: