The O-1 category is for individuals with “extraordinary ability” and is divided into two subcategories with slightly different legal standards. The O-1A nonimmigrant visa is available to foreign nationals who have “extraordinary ability” in the sciences, education, business, or athletics, which has been demonstrated by sustained national or international acclaim. The O-1B visa is a nonimmigrant work visa for foreign nationals who have “extraordinary ability” in the arts.
O-1 status is typically granted for an initial period of up to three years. It is renewable for one-year periods, so long as the visa holder continues to work in the area of expertise. While the O-1 visa does not lead to permanent residency, some O-1 visa holders will later apply for an EB-1 immigrant visa, which does grant permanent residency.
An individual interested in an O-1 visa may not self-petition. However, an O-1 beneficiary who is self-employed, works for multiple employers, or works for a foreign employer, may file the petition through an agent — which can be either a traditional talent agency such as William Morris or Creative Artists Agency, or any qualified individual or organization who agrees to serve as agent for purposes of the O-1 petition.
A foreign national who qualifies for this visa designation must be “one of the small percentage of individuals who have risen to the very top of his/her field of endeavor.” Proving extraordinary ability requires the foreign national to meet the following criteria:
Evidence of receipt of a major, internationally recognized award (e.g., the Nobel Prize);
OR
Evidence of at least three of the following:
The O-1B visa is a nonimmigrant work visa for foreign nationals who have “extraordinary ability” in the arts, motion pictures, or television, among other artistic categories. Extraordinary ability in the field of arts means distinction, or a high level of achievement in the field of arts 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.
Proving extraordinary ability requires the foreign national to meet the following criteria:
Evidence that the foreign national has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field, such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award);
OR
Evidence of at least three of the following:
The evidence should establish the current essentiality, critical skills, and experience of the O-2 beneficiary with the O-1B beneficiary and that the O-2 beneficiary has substantial experience performing the critical skills and essential support services for the O-1B. The O-2 petitioner must file a petition with USCIS in conjunction with the petition for the O-1 artist.
To speak with an immigration attorney about O-1 visas for foreign nationals with extraordinary ability in the arts, science, business, education, or athletics contact Grossman Young & Hammond.
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