O-1 Visas for “Extraordinary Ability” in the Arts, Science, Business, Education or Athletics

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:

• Receipt of a nationally or internationally recognized prize or award for excellence in the field of endeavor;
• Membership in an association related to the classification, which requires outstanding achievements of members, as judged by national or international experts in their discipline or field;
• Published material in professional or trade publications, or major media, about the individual, or relating to the individual’s work;
• Participation in a panel, or individually, as a judge of the work of others in the field;
• Scholarly, scientific, or business-related contributions of major significance in the field;
• Authorship of scholarly articles in the field, in professional journals or major media;
• Current or past employment in a critical or essential capacity for organizations and establishments of a distinguished reputation; or
• Past or future receipt of a high salary or other remuneration for services.