O-1 EXTRAORDINARY ABILITY VISA

The O-1 visa is a non-immigrant work visa for foreign nationals who have extraordinary ability in the sciences, arts, education, business or athletics. The extraordinary ability must be demonstrated through sustained national or international acclaim. Extraordinary ability means a level of expertise indicating that the person is one of the small percentage who have risen to the very top of his/her field of endeavor.

The requirement for extraordinary ability/achievement in the sciences, arts, education, business or athletics could be interpreted broadly as including those in the motion picture industry as well as in television. It also includes people working in other fields, such as cooking (chefs), photography, etc.

This broad category differentiates the O visa from other employment visa categories, such as the H1-B, which applies only to foreign professionals with at least a Bachelor's degree or a combination of some years of education and corresponding years of experience.

The O-visa may also apply to a former holders of a J-1 or J-2 visa who are subject to the two year foreign residency requirement. Former J-1 or J-2 holders usually are not permitted to obtain an H or L visa, but may be eligible for an O visa.

Petitioning for an O-1 visa requires particular evidence of the applicant's qualifications and international recognition of extraordinary ability. Evidence of extraordinary ability may be a major internationally recognized award, such as the Nobel Prize, or at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or award for excellence in the field.
• Membership in associations in the field which require outstanding achievements of the members, as judged by recognized experts in the field.
• Authorship of scholarly articles, in professional journals, or other major media.
  Published material in professional or major trade publications or major media about the applicant's work.
• Evidence of participation on a panel, or individually, as the judge of the work of others in the field.
• High salary or any other type of compensation.
• Evidence of past employment for organizations or establishments that have a high reputation.

The spouse and unmarried children under the age of twenty-one may apply for O-3 visa. The O-3 visa does not confer authorization for employment in the U.S.