O-1 Information
O-1 Information
The O-1 visa is available to foreign nationals who have attained an exceptional level of expertise in their field of study, encompassing science, art, education, business, or athletics, and have emerged as top performers in their respective domains. To qualify, these individuals must present comprehensive documentation verifying their accomplishments in their field and demonstrate their intention to enter the United States to continue their work in an area of extraordinary ability, thereby substantially benefiting the country.
Established under Section 101(O)(i) of the Immigration and Nationality Act, the O-1 visa permits individuals of extraordinary ability in arts, sciences, education, and athletics to enter the United States as nonimmigrants under O-1 status. Moreover, professionals in the television or motion picture industry may also be eligible if they can demonstrate that their work has garnered national or international recognition. To meet the eligibility criteria, applicants must provide compelling evidence substantiating their extraordinary ability or achievements.
The O-1 visa encompasses two categories: the O-1A visa and the O-1B visa. The O-1A visa is tailored for individuals with exceptional ability or achievements in athletics, business, education, or sciences, while the O-1B visa is designed for those who possess extraordinary ability or achievements in the arts or the television and film industry.
Requirements for O-1 Extraordinary Ability:
In the fields of athletics, business, education, and science, extraordinary ability refers to an exceptional level of expertise where the applicant ranks within the top echelon of individuals in their respective field.
In the arts, extraordinary ability pertains to distinction. The applicant must demonstrate significantly higher levels of skill and recognition compared to the majority of individuals in their field, establishing them as leading or prominent figures in the arts.
In the television and film industry, extraordinary ability implies a level of skill or recognition that surpasses what is typically found in the industry. The individual must be acknowledged as outstanding, notable, or a leader in their field.
O-1A Classification Requirements:
To be considered for an O-1A visa, individuals of extraordinary ability must provide evidence of receiving an internationally acclaimed award, such as a Nobel Prize or an Olympic Gold Medal. Alternatively, they must present three of the following:
- Proof of high salary or compensation through contracts and service agreements.
- Receipt of national or international prizes or awards.
- Published material about their work in professional publications, newspapers, or other media.
- Authorship of scholarly articles in professional journals or major media.
- Holding a significant position in an organization related to their field.
- Membership in esteemed organizations related to their field that demand excellence from their members.
- Participation as a judge in the evaluation of others' work in the same field for which they seek the O-1 visa.
- Significant contributions to their field of expertise in terms of scholarly, scientific, or business achievements.
If the above criteria do not directly apply to the field of expertise, the petitioner may submit other evidence to substantiate the claim of extraordinary ability.
Please be aware that immigration laws in the United States are subject to frequent changes. The information provided on this website was accurate at the time of updating. However, to obtain the most accurate and up-to-date information, it is strongly recommended that you seek guidance from an immigration attorney or consult with the U.S. Citizenship and Immigration Services (USCIS).
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