The O visa category covers individuals of extraordinary
ability in the sciences, arts, education, business, or athletics. O-1A visas
are for individuals who have extraordinary ability in Science, Education,
Business or Athletics. O-1B visas are for individuals who have extraordinary
ability in the Motion Picture and Television industry. Visas are available to
the O-1 visa holder’s support staff (O-2), as well as for the O-1 visa holder’s
spouse and children (O-3). There is currently no annual cap on O visas. The O
visa is a “dual intent” visa, meaning that a visa will not be denied simply
because an individual has intentions to become a permanent resident.
O-1A Extraordinary Ability (Science,
Education, Business, or Athletics)
The O-1A category applies to individuals who have
extraordinary ability in the sciences, education, business, or athletics which
has been demonstrated by sustained national or international acclaim. The individual
must be coming to the U.S. to work in his or her area of extraordinary ability
or achievement.
An individual cannot apply for an O visa in his
or her own name. A U.S. Employer or U.S. agent, manager, concert venue, or
other sponsor must file the Petition.
Petition Document Requirements
A U.S. Petitioner files the petition using the
Form I-129, Petition for Nonimmigrant Worker, with O Supplement, along with the
following:
- A written advisory opinion from a peer group (including
labor organizations) or a person designated by the group with expertise in the
alien's area of ability which describes the person’s ability/achievements in
the field and the duties to be performed;
- A copy of any written contract between the employer and
the alien or a summary of the terms of the oral agreement under which the alien
will be employed;
- If the events will take place in multiple areas, an
itinerary or schedule must be submitted which sets forth the dates and
locations of the events;
- Evidence
that the alien has received a major, internationally-recognized award,
such as a Nobel Prize, or evidence of at least three of the following:
- Receipt of nationally or
internationally recognized prizes or awards for excellence in the field of
endeavor;
- Membership in organization which requires outstanding achievement;
- Published material in professional or major trade publications, newspapers
or other major media about the person and his/her work in the field for which
classification is sought;
- Original scientific, scholarly, or business-related contributions of major
significance in the field;
- Authorship of scholarly articles in professional journals or other major
media in the field for which classification is sought;
- A high salary or other remuneration for services as evidenced by contracts
or other reliable evidence;
- Participation on a panel, or individually, as a judge of the work of others
in the same or in a field of specialization allied to that field for which
classification is sought; or,
- Employment in a critical or essential capacity for organizations and
establishments that have a distinguished reputation.
If the above standards do not readily apply to
the person’s occupation, the petitioner may submit comparable evidence in order
to establish the alien's eligibility.
When to file:
Petitions should be filed as soon as possible,
but no more than 6 months before the proposed employment will begin or the
extension of stay is required. If the petition is not submitted at least 45
days before the employment will begin, petition processing and subsequent visa
issuance may not be completed before the person's services are required or
previous employment authorization ends.
O-1B Extraordinary Ability (Arts,
Motion Picture, or Television)
The O-1B category applies to individuals who have
demonstrated record of extraordinary achievement in the motion picture or
television industry. The individual must be coming to the U.S. to work in his
or her area of extraordinary ability or achievement.
An individual cannot apply for an O visa in his
or her own name. A U.S. Employer or U.S. agent, manager, concert venue, or
other sponsor must file the Petition.
Petition Document Requirements
A U.S. Petitioner files the petition using the
Form I-129, Petition for Nonimmigrant Worker, with O Supplement, along with the
following:
- A written advisory opinion, describing the alien’s
ability as follows:
-
If the petition is based on
the alien's extraordinary ability in the arts, the consultation must be from a
peer group (including labor organizations) in the alien's field of endeavor; or
a person or persons designated by the group with expertise in the alien's area
of ability.
- If the petition is based on the alien's extraordinary achievements in the
motion picture or television industry, separate consultations are required from
a labor and a management organization with expertise in the alien's field of
endeavor.
- A copy of any written contract between the employer and
the alien or a summary of the terms of the oral agreement under which the alien
will be employed;
- If the events will take place in multiple areas, an
itinerary or schedule must be submitted which sets forth the dates and
locations of the events;
- Evidence the alien has received, or been nominated for,
significant national or international awards or prizes in the particular field,
such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence
of at least three of the following:
- Performed or will perform
services as a lead or starring participant in productions or events which have
a distinguished reputation as evidenced by critical reviews, advertisements,
publicity releases, publications, contracts or endorsements;
- Achieved national or international recognition for achievements, as shown
by critical reviews or other published materials by or about the individual in
major newspapers, trade journals, magazines, or other publications;
- A record of major commercial or critically acclaimed successes, as shown by
such indicators as title, rating or standing in the field, box office receipts,
motion picture or television ratings and other occupational achievements
reported in trade journals, major newspapers or other publications;
- Received significant recognition for achievements from organizations,
critics, government agencies or other recognized experts in the field in which
the alien is engaged, with the testimonials clearly indicating the author's
authority, expertise and knowledge of the alien's achievements;
- A high salary or other substantial remuneration for services in relation to
others in the field, as shown by contracts or other reliable evidence; or
- If the above standards do not readily apply to the alien's occupation, the
petitioner may submit comparable evidence in order to establish the alien's
eligibility.
When to file:
Petitions should be filed as soon as possible,
but no more than 6 months before the proposed employment will begin or the
extension of stay is required. If the petition is not submitted at least 45
days before the employment will begin, petition processing and subsequent visa
issuance may not be completed before the person's services are required or
previous employment authorization ends.
O-2 Support Personnel
The O-2 category is for person accompanying and
assisting an O-1 artist or athlete in the artistic or athletic performance or
event. This person must demonstrate that he/she is an integral part of the
actual performance. In addition, the person must demonstrate that he/she has
critical skills and experience with the O-1 that are not of a general nature
and which cannot be performed by a U.S. worker.
For motion picture or TV productions, the person
must have skills and experience which are not general, which are
critical and which are based on a pre-existing long-standing working relationship.
In the case of a specific production, a long-standing relationship is not
necessary where there is significant pre or post production work that will take
place inside and outside the U.S. and the person’s presence is needed for
successful completion.
Petition Document Requirements
The petition must be filed by the U.S. Petitioner
concurrently with the filing of the O-1 visa petition and must be filed with:
- A written advisory opinion/consultation from each union
with appropriate expertise over the activities the O-2 will perform:
o
If the O-2 petition is for an alien accompanying an O-1
alien of extraordinary ability in the arts, the opinion must be from a labor
organization with expertise in the skill area involved.
o
If the O-2 petition is for an alien accompanying an O-1
alien of extraordinary achievement in the field of motion picture or
television, the opinion must be from a labor organization and a management
organization with expertise in the skill area involved.
- Evidence of the current essentiality, critical skills,
and experience of the O-2 alien with the O-1 alien, and that the alien has
substantial experience utilizing the critical skills and essential support
services for the O-1. In the case of
a specific motion picture or television production, the evidence shall
establish that significant production has taken place outside the U.S., and
will take place inside the U.S. and that the continuing participation of the
alien is essential to the successful completion of the production.
When to file:
Petitions should be filed as soon as possible,
but no more than 6 months before the proposed employment will begin or the
extension of stay is required. If the petition is not submitted at least 45
days before the employment will begin, petition processing and subsequent visa
issuance may not be completed before the person's services are required or
previous employment authorization ends.
Spouses and Dependants
Spouses and minor children may be granted O-3
status to accompany an O-1 or O-2 visa holder. They may not work in the U.S.
under this classification.
Applying for the Visa:
If the beneficiary of the O visa petition is
outside of the country when the petition is approved, he/she must apply for a
visa at a U.S. Consulate.
Some beneficiaries may be visa exempt. In those
cases, the I-129 approval notice is sent to the port of entry (POE) where the
beneficiary intends to apply for admission. For specific procedures on Visa
Application Procedures, Required Documentation and Visa Ineligibility Waiver,
please visit Visa Services at the Department of State.
If the beneficiary is already in the U.S. and is
changing from one nonimmigrant status to another, a visa is not required.
However, a visa may be required if the beneficiary subsequently leaves the U.S.
and wishes to re-enter.
Entry into the U.S.
Please be aware that a visa does not guarantee
entry into the United States. The U.S. Customs and Border Protection (CBP) has
authority to deny admission at the port of entry to any applicant who is
inadmissible under INA, even if the applicant has a visa. Also, the CBP, not the consular officer,
determines the period for which the bearer of a temporary work visa is
authorized to remain in the United States. At the port of entry, CBP officials
issue Form I-94, Record of Arrival-Departure, which notes the length of stay
permitted. The decision to grant or deny a request for extension of stay,
however, is made solely by the USCIS.
The information contained in this web page is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this page should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our web page will educate you and hopefully enhance your understanding of Immigration laws.
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