Aliens with Extraordinary Ability (O’s)
The O category is reserved for:
- Aliens of extraordinary ability in the sciences, arts, education,
business, or athletics (O-1),
- the artist’s or athlete’s support staff (O-2), and
- the O-1’s spouse and/or children (O-3).
To qualify, the alien must be coming to the U.S. to work in his or
her area of extraordinary ability or achievement. There is currently
no annual cap on O visas.
O-1 Extraordinary Ability (Science, Education, Business, or
Athletics)
The O-1 category applies to aliens coming temporarily who have extraordinary
ability in the sciences, education, business, or athletics
(not including the arts, motion pictures or television).
Petition Document Requirements
A U.S. employer should file the petition (Form I-129) with:
- A written advisory opinion from a peer group (including labor organizations)
or a person designated by the group with expertise in the alien's
area of ability;
- A copy of any written contract between the employer and the alien
or a summary of the terms of the oral agreement under which the alien
will be employed;
- Evidence that the alien has received a major, internationally-recognized
award, such as a Nobel Prize, or evidence of at least three of the
following:
- Receipt of nationally or internationally recognized prizes or
awards for excellence in the field of endeavor;
- Membership in associations in the field for which classification
is sought which require outstanding achievements, as judged by
recognized international experts;
- Published material in professional or major trade publications,
newspapers or other major media about the alien and his work in
the field for which classification is sought;
- Original scientific, scholarly, or business-related contributions
of major significance in the field;
- Authorship of scholarly articles in professional journals or
other major media in the field for which classification is sought;
- A high salary or other remuneration for services as evidenced
by contracts or other reliable evidence;
- Participation on a panel, or individually, as a judge of the
work of others in the same or in a field of specialization allied
to that field for which classification is sought;
- Employment in a critical or essential capacity for organizations
and establishments that have a distinguished reputation.
If the above standards do not readily apply to the alien's occupation,
the petitioner may submit comparable evidence in order to establish
the alien's eligibility.
O-1 Extraordinary Ability (Arts, Motion Picture, or Television)
The O-1 category also applies to aliens who are coming
temporarily and have extraordinary ability in the arts
or extraordinary achievement in the motion picture or television industry.
Petition Document Requirements
A U.S. employer should file the I-129 petition with:
- A written advisory opinion, describing the alien’s ability
as follows:
- If the petition is based on the alien's extraordinary ability
in the arts, the consultation must be from a peer group (including
labor organizations) in the alien's field of endeavor; or a person
or persons designated by the group with expertise in the alien's
area of ability.
- If the petition is based on the alien's extraordinary achievements
in the motion picture or television industry, separate consultations
are required from a labor and a management organization with expertise
in the alien's field of endeavor.
- A copy of any written contract between the employer and the alien
or a summary of the terms of the oral agreement under which the alien
will be employed;
- Evidence the alien has received, or been nominated for, significant
national or international awards or prizes in the particular field,
such as an Academy Award, Emmy, Grammy or Director's Guild Award,
or evidence of at least three of the following:
- Performed or will perform services as a lead or starring participant
in productions or events which have a distinguished reputation
as evidenced by critical reviews, advertisements, publicity releases,
publications, contracts or endorsements;
- Achieved national or international recognition for achievements,
as shown by critical reviews or other published materials by or
about the individual in major newspapers, trade journals, magazines,
or other publications;
- A record of major commercial or critically acclaimed successes,
as shown by such indicators as title, rating or standing in the
field, box office receipts, motion picture or television ratings
and other occupational achievements reported in trade journals,
major newspapers or other publications;
- Received significant recognition for achievements from organizations,
critics, government agencies or other recognized experts in the
field in which the alien is engaged, with the testimonials clearly
indicating the author's authority, expertise and knowledge of
the alien's achievements;
- A high salary or other substantial remuneration for services
in relation to others in the field, as shown by contracts or other
reliable evidence; or
If the above standards do not readily apply to the alien's occupation,
the petitioner may submit comparable evidence in order to establish
the alien's eligibility.
O-2 Support Personnel
The O-2 category applies to aliens accompanying
an O-1 artist or athlete to assist in a specific event or performance.
This person would be acting as an essential and integral part of the
artistic or athletic performance of an O-1 artist or athlete because
he or she performs support services which cannot be
readily performed by a U.S. worker and which are essential to
the successful performance of the O-1.
Petition Document Requirements
The petition must be filed by a U.S. employer in conjunction with the
filing of the O-1 alien petition and must be filed with:
- A written advisory opinion.
- If the O-2 petition is for an alien accompanying an O-1 alien
of extraordinary ability in the arts, the opinion must be from
a labor organization with expertise in the skill area involved.
- If the O-2 petition is for an alien accompanying an O-1 alien
of extraordinary achievement in the field of motion picture or
television, the opinion must be from a labor organization and
a management organization with expertise in the skill area involved.
- Evidence of the current essentiality, critical skills, and experience
of the O-2 alien with the O-1 alien, and that the alien has substantial
experience utilizing the critical skills and essential support services
for the O-1. In the case of a specific motion picture or television
production, the evidence shall establish that significant production
has taken place outside the U.S., and will take place inside the U.S.
and that the continuing participation of the alien is essential to
the successful completion of the production.
O-3 Dependents
Spouses and minor children (dependents) of O-1’s are admitted
under O-3 status with the same restrictions as the principal. They may
not work in the U.S. under this classification.
Extensions of Stay and Visa Renewals
O extensions can be granted in one-year increments
in order to permit the O alien to complete the business listed in the
initial petition. There is no maximum limit on stay for O aliens, and,
therefore, the main issue on an extension of stay is whether the O alien
will be working in the same business or activity listed in the initial
petition. If the alien will be engaging in the same activity specified
in the original petition but additional time is required to complete
the business, it is clear that an extension of stay is appropriate;
for example, the alien may have been admitted to work on a scientific
project which can not be completed in the time frame initially anticipated
and provided for in the petition. In such case, a petition extension
should be granted.
Extensions for persons out-of-status
Persons who are out-of-status at the time of filing the extension application,
and who cannot justify a late filing of an extension request, must apply
for an O nonimmigrant visa abroad. Furthermore, if the applicant "overstayed"
his or her period of authorized admission, the applicant will be required
to submit his or her visa application at the consulate located in the
country of the alien's nationality. A third country consulate will not
process the application unless the alien can establish "extraordinary
circumstances."
