Extraordinary Ability (O1)

The O-1 visa is available to individuals who have “extraordinary ability” in science, education, business, arts, or athletics.  Individuals who can show a “record of extraordinary achievement” in the motion picture or television industry may also be eligible for this type of visa.  The O-1 visa cannot be petitioned for by the individual as it must be by a US employer or a US agent (of a US or foreign employer).  If approved, the individual is allowed to enter the US to engage or perform services related to their extraordinary ability. 

Visa Petition Process

Step 1: The employer files a visa petition (Form I-129) with USCIS providing the following evidence:

Science, Education, Business, or Athletics

According to 8 CFR Section 213.2(o)(3)(iii), the petition must demonstrate that the alien has sustained national or international acclaim and recognition for achievements in science, education, business, or athletics by providing evidence of:

1. receipt of a major, internationally recognized award; OR
2. at least 3 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 which require outstanding achievements of their members, as judged by recognized national or international experts)
   • published material in professional or major trade publications or major media about the alien, relating to his/her work
   • participation as a judge of the work of others in the same field of specialization
   • original scientific, scholarly, or business-related contributions of major significance
   • authorship of scholarly articles in professional journals or major media
   • employed in a critical capacity for reputable organizations
   • command a high salary for services.

Arts

To demonstrate “extraordinary ability” in the arts, the petition must prove that the alien is recognized as being prominent in his/her field of endeavor by the following:

1. nominated for, or received significant national or international awards or prizes in the particular field; OR
2. at least 3 of the following:
   • performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation;
   • achieved national or international recognition for achievements;
   • performed, and will perform, in a lead, starring, or critical role for reputable organizations;
   • record of major commercial or critically acclaimed successes;
   • received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field;
   • command a high salary for services.

Motion Picture or Television Industry

To demonstrate “extraordinary ability” in the motion picture or television industry, the petition must prove that the alien is recognized as having a demonstrated record of extraordinary achievement as evidenced by the following:

1. nominated for, or has received significant national or international awards or prizes in the particular field; OR
2. at least 3 of the following:
   1. perform services as a lead or starring participant in reputable productions or events;
   2. achieved national or international recognition for achievements;
   3. perform in a lead, starring, or critical role for reputable organizations;
   4. record of major commercial or critically acclaimed successes;
   5. received significant recognition for achievements;
   6. either has or will command a high salary for services.

If the individual is already legally present in the US and other conditions are met, a change of status can be requested on the petition.  Once the petition is complete, the employer submits it to the appropriate service center.

Step 2:           

Upon the approval of the visa petition (Form I-129), USCIS will send a Notice of Action (Form I-797) to the employer.       

If the individual is outside the US-

If the alien is outside the US, the Notice of Action (Form I-797) can be used to apply for a visa at a US Consulate.  The individual and his/her immediate family members will be required to attend an interview at the Consulate where the data that was submitted will be verified.  Upon successful completion of the interview in Step 2 above, the individual may enter the US and can generally stay until the expiration date on the visa.