For individuals who possess extraordinary ability in sciences, arts, education, business, athletics, or motion picture/television industry
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
Individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker.
Individuals who are the spouse or children of O-1's and O-2's
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
Extraordinary ability means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
Extraordinary ability means distinction - a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
The beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:
Note: If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish eligibility.
Evidence that the beneficiary 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 (3) three of the following:
Note: If the above standards do not readily apply to the beneficiary's occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry).
The petitioner should file Form I-129, Petition for Nonimmigrant Worker, with the USCIS office listed on the form instructions.
Timing: The petition may not be filed more than one year before the actual need for the alien's services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment.
A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary's area of ability.
Motion Picture/Television: The consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary's area of ability.
A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed.
An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable.
USCIS will review the petition and supporting documentation to ensure all requirements are met.
Once the visa petition is approved by USCIS, the beneficiary can apply at a U.S. embassy or consulate for the visa.
The petitioner must file a petition with USCIS for the O-2 visa. An O-2 alien must be petitioned for in conjunction with the services of the O-1 artistic or athletic alien.
The evidence should establish the current essentiality, critical skills, and experience of the O-2 beneficiary with the O-1 beneficiary and that the beneficiary has substantial experience performing the critical skills and essential support services for the O-1.
In the case of a specific motion picture or television production, the evidence should establish that significant production has taken place outside the United States and will take place inside the United States, and that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.
Up to 3 years
USCIS will determine time necessary to accomplish the initial event or activity in increments of up to 1 year.
As an O nonimmigrant, the beneficiary may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may only engage in authorized employment during the validity period of the petition.
Any accompanying or following to join spouse and children under the age of 21 may be eligible to apply for an O-3 nonimmigrant visa, subject to the same period of admission and limitations as the O-1/O-2 nonimmigrant.
Important: O-3 visa holders may not work in the United States under this classification, but they may engage in full or part time study on an O-3 visa.
If you are an O-1 nonimmigrant in the United States and you want to change employers, then your new employer must file a Form I-129 with the USCIS office listed on the form instructions.
If the petition was filed by an agent, an amended petition must be filed with evidence relating to the new employer and a request for an extension of stay.
When professional athletes with O-1 nonimmigrant status are traded from one team to another, employment authorization will continue with the new team for 30 days during which time the new employer must file a new Form I-129.
If there has been any material change in the terms and conditions of the beneficiary's employment or the beneficiary's eligibility, the petitioner must file an amended petition on Form I-129 with the Service Center where the original petition was filed.
If the employment of an O nonimmigrant beneficiary is terminated for reasons other than voluntary resignation, the employer must pay for the reasonable cost of your return transportation to the O nonimmigrant's last place of residence before entering into the United States.
Important: If an agent filed the petition for the employer, the agent and the employer are equally responsible for paying these costs.