Extraordinary Ability
Beyond employer-sponsored work
The O-1 visa is for people with special talents in almost any field. It is often used when you don't qualify for other types of visas, or if the visas that apply are too restrictive. Unlike the employer-sponsored work visas, this visa is usually reserved for people with a job offer from a U.S. company, who:
- Received major prizes or awards in the field of arts, sciences, education, business or athletics.
- Make significant original scientific or scholarly contributions in their fields.
- Are well-known artists and entertainers in film, television or music.
How long can I remain in the U.S. ?
Unlike most other non-immigrant visas, there is no set limit to how long an O-1 visa can be valid. Normally, these visas are valid for three years, but may be valid for a longer or shorter period of time, depending on your circumstances. Many people opt for this visa because it can lead to a green card.
How do I apply for an O-1 visa?
As with many work-related visas, your U.S. employer or agent has to file a petition for you at the USCIS. This must include a written statement from the appropriate labor union. Because this visa category is so open, determining your eligibility will depend on your area of expertise.
What Makes You Eligible?
For businesspeople, scientists, educators and athletes : You must have received at least one major international award (like a Nobel Prize or an Olympic Gold Medal) and three of the following:
- Nationally recognized award
- Membership in an organization that requires outstanding achievement
- Reviewed in professional or major trade publication
- Original scientific or scholarly work of major significance in your field
- Evidence of authorship of scholarly work
- Evidence that you've been employed in a critical or essential capacity at an organization with a distinguished reputation
- Commanded or will command a high salary in relation to others in the field
For artists, entertainers and television and film actors: You must have been nominated for or received a significant international award or prize (such as an Academy Award, Grammy or Director's Guild Award). If you have not been nominated for or received such an award, you can still apply with three of the following:
- Had or will have the lead in productions or events with distinguished reputations (these must receive critical reviews, ads, publicity releases, publications, contracts or endorsements)
- National/international recognition for achievements through critical reviews, other published materials by or about the applicant in major papers, trade journals/magazines
- Previous performance in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.
- Hold a record of major commercial or critically acclaimed success
- Achieved significant recognition from organizations, critics, government agencies, recognized experts
- Commanded or will command a high salary in relation to others in the field
To prove extraordinary achievement in motion picture or TV industry, the USCIS will examine the same supporting documents, but weigh them differently.
How do I apply?
Once the petition has been approved, you would apply for the O-1 visa at your U.S. consulate or embassy.
Can I bring my spouse and children?
Yes, but they normally enter with O-3 visas.
What about my assistants?
A separate O-2 classification exists for persons who are accompanying you for a specific event or events.
