O-1 Visa

• O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
• O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
• O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
• O-3: individuals who are the spouse or children of O-1’s and O-2’s.

The O nonimmigrant classification is commonly referred to as:

• O-1A: individuals with an extraordinary ability in the sciences, arts, education, business, or athletics (not including the arts, motion pictures or television industry) which has been demonstrated by sustained national or international acclaim and who is coming temporarily to the U.S. to continue work in the area of extraordinary ability.
• O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television productions and who is coming temporarily to the U.S. to continue work in the area of extraordinary achievement.
• O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 person and that not of a general nature and which are not possessed by others (O-1A); or has skills and experience with the O-1
  person which are not of a general nature and which are critical, either based on a pre-existing and longstanding working relationship or, if in connection with a specific production only, because significant production (including pre- and post-production) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production.
• O-3: individuals who are the spouse or children of O-1’s and O-2’s.

Filing of the petitions and general requirements:

• O-1 petition may not be filed more than one year before the actual need for the alien’s services.
• An O-1 or O-2 petition shall be adjudicated at the appropriate Service Center, even in emergency situations.
• Only one beneficiary may be included on an O-1 petition. O-2 aliens must be filed for on a separate petition from the O-1 alien.
• An O-1 or O-2 petition may only be filed by a United States employer, a United States agent, or a foreign employer through a United States agent.
• A foreign employer may not directly petition for an O nonimmigrant alien but instead must use the services of a United States agent to file a petition for an O nonimmigrant alien.
• A United States agentpetitioning on behalf of a foreign employer must be authorized to file the petition, and to accept services of process in the United States in proceedings on behalf of the foreign employer.
• An O alien may not petition for himself or herself.
• Written contract between the petitioner and beneficiary.
• 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.
• A written advisory opinion(s) from the appropriate consulting entity or entities.

Eligibility criteria for O-1A extraordinary ability in the fields of science, education, business, or athletics (or related field):

• 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.
• Showing a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.
• Receipt of a major, internationally recognized award, such as the Nobel Prize, or
• At least three of the following forms of documentation:

(1) Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(2) Documentation of the beneficiary’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or
international experts in their disciplines or fields;

(3) Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary’s work in the field for which classification is sought;

(4) beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;

(5) beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field;

(6) beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media;

(7) beneficiary’s has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;

(8) beneficiary’s either commanded a high salary or will command a high salary or other remuneration for services.

If the above eight (8) criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

Eligibility Criteria for O-1B extraordinary ability in the fields of arts: 

• Has achieved distinction which means a high level of achievement in the field of arts 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.
• Arts includes any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts,
  culinary arts, and performing arts. Engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.
• Event means an activity such as, but not limited to, a scientific project, conference, convention, lecture
  series, tour, exhibit, business project, academic year, engagement, short vacations, promotional appearances, and stopovers, or contract.
• Beneficiary has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or
  a Director’s Guild Award; or
• At least three of the following forms of documentation: 

(1) Beneficiary has performed, and 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;

(2) Beneficiary has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;

(3) Beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;

(4) Beneficiary has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

(5) Beneficiary received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged.

(6) Beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field; or

If the above six (6) criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

Eligibility Criteria for O-1B extraordinary ability in the fields of motion picture or television industry: 

• Achieved a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.
• Beneficiary has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or
  a Director’s Guild Award; or
• At least three of the following forms of documentation: 

(1) Beneficiary has performed, and 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;

(2) Beneficiary has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;

(3) Beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;

(4) Beneficiary has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

(5) Beneficiary received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged.

(6) Beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field; or

If the above six (6) criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

O-1 petitions are complex and requires extensive writing, legal analysis and legal works. Please call us (202-600-7742) or email us (info@adhikarilaw.com) to discuss if you could qualify for one of these visa programs or if would like to discuss further to prepare and file your case.