O-1 Visa for Persons of Extraordinary Ability

The O-1 visa is a temporary work visa available to foreign nationals who have “extraordinary ability.” O visa holders must be entering the United States to perform temporary services for an American employer or an agent of an international employer.

O visas allow for “dual intent,” meaning that you may apply for permanent residency without jeopardizing your eligibility for the O-1 visa. There is an analogous “extraordinary ability” category for green cards: while no guarantee of green card approval, approval of an O-1 visa is nevertheless evidence of USCIS recognition of “extraordinary ability.”

Who Qualifies?

The O-1 visa is a temporary work visa available to foreign nationals who have:

1. "Extraordinary ability" in the sciences, education, business, or athletics;
2. "Distinction" in the arts;
3. A very high level of accomplishment in the motion picture or TV industry.

Extraordinary ability must be established by meeting at least three of the following:

• Internationally or nationally recognized prizes or awards;
• Published material about your work;
• Membership in an association that requires members to have outstanding achievement;
• Original scientific, scholarly, or business-related contributions of major significance;
• Authorship of scholarly articles published in major media or professional journals;
• High salary or any other type of compensation;
• Participation on a panel, or as a judge for other people’s works;
• Evidence of past employment for organizations or establishments that have a high reputation.

The O–2 visa is for individuals who will accompany and play a critical role in assisting the O–1 holder. Dependents of O-1 visa holders can receive an O-3 visa.

How to apply for an O-1 visa?

1. it is usually necessary to obtain an advisory opinion from a peer group, labor organization, or management organization;
2. the U.S. sponsor shall then file for and receive USCIS approval of a petition;
3. after USCIS approval, submit a visa application to the consulate.

The petition may not be filed more than six months before the services are needed.

The O Visa can be granted for up to a period of 3 years.

How White & Associates Can Help

If you are interested in applying for an O-1 visa, the experienced professionals at White & Associates can provide legal support. The “extraordinary ability” and “distinction” standards are very stringent; the documentation submitted in support of these petitions is often voluminous. It is not enough to be “extraordinary”; the applicant must prove that he or she is, and the USCIS puts the onus on the petitioner/applicant to provide the evidence that documents this. Even after the USCIS approves the petition, consular officers often readjudicate the approvals, so it is important that the visa applicant is thoroughly prepared for his/her visa interview. If you feel you are qualified for an O visa, please feel free to contact us.