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O-1 Visa

The O-1 visa, Alien of Extraordinary Ability, is used to sponsor foreign nationals who are recognized as having sustained national or international acclaim for extraordinary ability in their field of endeavor. Foreign nationals who meet the O-1 requirements are generally considered to be one of the small percentage of those who have risen to the very top of their field. O-1 criteria differ somewhat depending on whether a petition is being submitted for extraordinary ability in science, education, business and athletics or for extraordinary ability in the arts.

To qualify for O-1 in science, education, business, and athletics, extraordinary ability must be demonstrated by the following:

  1. Evidence that the alien has been nominated for or the recipient of, significant national or international awards or prizes in the particular field such as a Nobel Prize,
  2. OR documentation of at least three of the following eight criteria:
    1. A nationally or internationally recognized award or prize for excellence in the field, e.g., academic prizes or recognitions; Membership in associations in the field for which the classification is sought, which require for membership outstanding achievement, as judged by national or international experts in their disciplines or fields, e.g., National Academic of Science; Published material in professional or major trade publications or other media about the alien and related to the alien's work in the field for which the classification is sought. This should include the title, date and author of the published material and any translation if necessary, e.g., a list from the Science Citation Index and copies of the listed articles showing significant references may be one source;
    2. Evidence of the alien's participation on a panel or individually as a judge of the work of others in the same or an allied field of specialization for which the classification is sought, e.g., judging Nobel Prizes, serving as a reviewer for professional journals or for international conferences;
    3. Evidence of the alien's original scientific, scholarly or business-related contributions of major significance in the field, e.g., conference proceedings, government-funded or corporate-funded research grants, patents;
    4. Evidence of the alien's authorship of scholarly articles in the field published in professional journals or in other major media;
    5. Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments having a distinguished reputation, e.g., research for the National Science Foundation or Department of Defense research grants; and
    6. Evidence that the alien has commanded a high salary or other significantly high remuneration for services in relation to others in the field, as proven by contracts or other evidence.
To qualify for O-1 in the arts, extraordinary ability must be demonstrated by the following:
  1. Evidence the artist has been nominated for or received a significant national or international award or prize in his/her field such as an Academy Award,
  2. OR by submitting documentation of at least three of the following six criteria:
    1. Evidence the alien has performed, and will perform services as a lead or starring participant in productions or events having a distinguished reputation (critical reviews, advertisements, publicity releases, publications, contracts, or endorsements, articles in trade journals, or testimonials may be used to show the reputation of the event or the performance);
    2. Evidence the alien has performed and will perform a lead, starring or critical role for organizations or establishments having a distinguished reputation;
    3. Evidence the alien has achieved national or international recognition as shown by critical reviews or other publications in major newspapers, trade journals, publications, or testimonials;
    4. Evidence the alien has a record of major commercial or critically acclaimed successes, showing indicators such as title, rating, standing in the field, box office receipts, or other reported occupational achievements;
    5. Evidence the alien has received significant recognition for her achievements from organizations, critics, government agencies, or other recognized experts in the field-any testimonials should state the author's authority, expertise and knowledge of the alien's achievements; and
    6. Evidence that the alien has commanded or will command a high salary or other significantly high remuneration for services in relation to others in the field.
The O-1 visa is an employer-specific visa. That is, a scholar may work for more than one employer in O-1 status but each employer must file and have an O-1 petition approved with the U.S. Citizenship and Immigration Services (CIS).

There is no maximum time limit on the O-1. The first petition may be filed for a period of three years. Thereafter, petitions may be filed in one-year increments.

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