O-1 Extraordinary Ability Visas

O-1 visas are available to individuals of extraordinary ability in the sciences, arts, education, business, or athletics, as demonstrated by sustained national or international acclaim. O-1 status is granted for a period of up to three (3) years.

1) Evidentiary Criteria Standards. To qualify as a person of extraordinary ability there must be evidence that the individual has received a major internationally recognized award or at least three of the following:

a) Receipt of lesser nationally or internationally recognized prizes or awards for excellence in their field.

b) Membership in associations in the field which require outstanding achievements of their members, as judged by recognized experts in the field.

c) Evidence of authorship of scholarly articles in the field in professional journals, or other major media.

d) Published material in professional or major trade publications or major media about the individual and their work.

e) Evidence of participation on a panel, or individually, as the judge of the work of others in the field.

f) Evidence in the form of letters and affidavits from prominent colleagues who can confirm the individual's original scientific contributions of major significance to the field.
g) Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

h) Evidence that the individual has commanded and now commands a high salary, or other compensation for services.

2) Consultation. Even if you can produce three of the above forms of evidence, O-1 status will not be accorded unless a "peer group" writes an advisory opinion based upon a review of the evidence to be submitted to the INS which concludes that the individual is, in fact, a person of extraordinary ability in the sciences, arts, education, business, or athletics. The regulations of the INS define a "peer group" as a "group or organization which is comprised of practitioners of the alien's occupation who are of similar standing with the alien and which is governed by such practitioners."

3) The employer must state that it will pay the O-1 worker's "return transportation abroad" in the event the O-1 worker is terminated before the expiration of their visa status.

4) Persons who apply for an O-1 visa at a U.S. Consulate need not demonstrate that they have sufficient ties to their home country to compel their return abroad.

5) The O-1 beneficiary's spouse and unmarried children under twenty-one (21) are eligible for O-3 status.

6) Holders of O-3 visas are not eligible to work.