O-1 for Individuals of Extraordinary Ability

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O nonimmigrant classification are commonly referred to as:

• O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);
• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
• O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and
• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

To qualify for an O-1 visa, the individual must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry and must be coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field.

This visa category does not have a time limitation and is initially granted for a three year period with extensions granted in one year increments. The requirements of this category are similar to that of the EB-1 Individuals of Extraordinary Ability in the sciences, arts, education, business or athletics and therefore should be analyzed in conjunction with a permanent residence application at the time of filing.

For further discussion, please contact Younossi Law.