O-1: INDIVIDUALS OF EXTRAORDINARY ABILITY OR ACHIEVEMENT

Overview

The O-1 is a nonimmigrant employment-based visa classification set aside for individuals with extraordinary ability in the sciences, arts, education, business or athletics athletics or in the television and motion picture industry who is coming to the U.S. to perform services relating to specific projects, events or activities requiring extraordinary ability.

The fundamental requirement for an O visa is to have reached the top of the profession or endeavor for which the alien seeks admittance into the Unites States. To qualify, an applicant must generally have extraordinary ability demonstrated by sustained national or international acclaim.

O-1 visas are based on a petition filed by a U.S. employer offering a specific job in the U.S. that requires a person of extraordinary ability. Membership in a group or team that has received recognition for extraordinary achievement is not sufficient; the beneficiary must qualify on the basis of individual merit. The petitioning employer must submit evidence that the prospective employee meets the established O-1 criteria, that the position offered requires an individual of extraordinary ability, and that the individual is coming to the United States to continue to work in the area of extraordinary ability.

O-1 nonimmigrant may only work for the sponsoring petitioner. If there are multiple, concurrent or successive employers, an O-1 visa petition must be filed by each employer. To change employers, the new employer must file and receive an O-1 visa petition approval and the individual must be in valid O-1 status in the U.S. The new O-1 visa petition must actually be approved before the individual can commence employment.

A person holding O-1 status can apply for adjustment to Permanent Resident status (Form I-485) and continue to use his or her O-1 status as the basis for work authorization. However, an adjustment applicant who also holds O-1 status can no longer use the O-1 visa stamp to travel and must apply for and be granted an Advance Parole document as an adjustment applicant before he or she departs the U.S. Unlike adjustment applicants holding H or L status, one cannot travel on the I-485 receipt and O-1 visa.

The spouse and children (under 21) of the O-1 visa holder will be eligible for derivative visas to accompany the employee on the U.S. assignment in the O-3 classification. The O-3 classification does not allow for U.S. employment.

How is “extraordinary ability” defined?

In the sciences, education, business or athletics, “extraordinary ability” is defined as “sustained national or international acclaim”. An applicant must show a level of expertise indicating that he or she is “one of the small percentage who have risen to the very top of his or her field of endeavor”. Different standards apply for the television and motion picture industry and the arts.

How is “extraordinary ability” demonstrated?

To prove “extraordinary ability” in the sciences, education, business or athletics, one must either have received a major internationally recognized award such as the Nobel Prize or at least three of the following:

  • Nationally or internationally recognized prizes or awards for excellence
  • Membership in associations that require outstanding achievements of members
  • Published material in professional publications or major media about the applicant relating to his/her work
  • Participation on a panel, or individually, as a judge of the work of others
  • Original scientific, scholarly or business contributions of major significance
  • Authorship of scholarly articles in professional journals or other major media
  • Employment in a critical or essential capacity for organizations with distinguished reputations
  • Commanding a high salary or other remuneration for services
  • Other comparable evidence can be provided if the above standards do not apply

In addition, strong support letters from other authorities in the field are required, as well as an “advisory opinion” consultation with an appropriate peer group or labor organization regarding the proposed work.

How is “extraordinary ability” demonstrated in the Arts?

In the arts, extraordinary ability means “distinction”, “a high level of achievement in the field of arts as evidenced by a degree of skill and recognition substantially above that ordinarily encountered”.

This category requires only that the artist is “prominent in his/her field of endeavor.” Petitioners must show that the O-1 beneficiary artist meets the standard of distinction either by showing that the beneficiary has been nominated for or ahs received a significant national or international award or prize, such as: an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award or that the beneficiary meets three of the following:

  • Has performed/will perform services as a lead/starring participant in productions/events with distinguished reputations;
  • Has received critical recognition in newspapers or trade journals;
  • Has performed as a lead for an organization that has a distinguished reputation;
  • Has a record of major commercial or critically acclaimed success;
  • Has achieved significant recognition from organizations, critics, government agencies, recognized experts;
  • Has commanded or will command a high salary/other remuneration in relation to others in the field.
How is “extraordinary ability” demonstrated in the Motion Picture or TV Industry?

In the motion picture or TV industry, extraordinary achievement is defined as “a very high level of accomplishment in the motion picture or TV industry evidenced by a degree of skill and recognition substantially encountered” the person must be outstanding or notable.”

  • Permissible O-1/O-2 Petitioners Include Only U.S. Employers and Agents.
  • O-1 Foreign Nationals CANNOT Petition On Their Own Behalf.
  • An O Visa “Event” Includes A Wide Array of Activities:  These activities include, BUT ARE NOT LIMITED TO:
    • Scientific Projects;
    • Conferences;
    • Conventions;
    • Lecture Series;
    • Tours;
    • Exhibits;
    • Business Projects;
    • Academic Years or Engagement;

A group of related activities can also be considered an event and can include a foreign national’s entire contract. Please contact us to determine if you or your client(s)’s activities might qualify as an “event” for O visa purposes.

Duration of Stay

The initial period of validity for O-1 status is three years. Extensions may be obtained for additional one year periods, to continue or complete the same event of activity for which the O-1 was granted. USCIS regulations do not provide for a maximum limit on O-1 status, but, because it is a nonimmigrant status, a long-term O-1 visa holder may eventually experience difficulty returning to the U.S. in O-1 status as it may appear that he or she no longer has the required nonimmigrant intent.

In the case of former J-1 visa holders who are subject to a home country requirement and who are present in the U.S., a change of status cannot be filed, and, upon approval of the petition, the applicant must travel to a U.S. consulate to obtain an O-1 visa stamp before being able to work for the employer in O-1 status. If the individual is outside the U.S. or is not otherwise eligible for a change of status in the U.S., then the petition can be filed with a request for Consular notification and if/when it is approved, the individual must apply for the actual visa (unless visa exempt) at a U.S. Consulate prior to applying for admission as an O-1 nonimmigrant.

Why Apply for the O1 Visa

O-1 classification is an option for highly qualified aliens who either are not eligible for other nonimmigrant visas, e.g. H, L, or J, or who wish to avoid those visa classifications. The following are some reasons why the O-1 visa may be appropriate in some situations:

  • No LCA is required. Therefore, an Employer can bypass the Department of Labor and its prevailing wage and notice requirements.
  • There is no limit to the number of O visa petitions that can be issued by USCIS, therefore there is no annual “cap” on these visas.
  • The O-1 is not subject to a maximum period of validity, such as the H-1B six-year limit or the L-1 five-seven year limit.
  • If an individual is in J-1 classification or previously held J-1 classification and is subject to the two-year foreign residency requirement and that requirement has not been waived, this individual is ineligible for H-1B and L-1 visa/classifications, as well as Permanent Residency, but may obtain an O-1 visa/status.

Our professionals are well experienced in preparing O visa applications of behalf of highly talented and acclaimed foreign nationals seeking to offer their talents and skills for employment in the U.S. These individuals include:

  • Research scientists holding J1 status in the US
  • F1 students whose OPT are expiring but no H1B visa numbers are available
  • B1 visa holders who come to the US to attend international conferences
  • Artists who wish to held artist exhibitions in the US
  • Violists who are invited to participate in musical performances

What Our Clients Say

Law Office of Ross Yang
5.0
Based on 37 Reviews
Yu Y.
Yu Y.
2024-10-22 08:30:45
非常推荐金石律所的海律师!无论是公司层面还是个人层面都合作了多次,每一次都非常顺利获批。海律师不仅专业能力强、通过率高,而且对每个细节都非常关注,像知心姐姐一样提供贴心的帮助和关怀,不论遇到什么问题,她都会耐心解释,妥善解决。找金石处理移民事务真的非常放心。如果你在找一个有经验、专业、并且有爱心的律师,海律师绝对... read more
Lyle H.
Lyle H.
2024-10-18 13:32:37
I had an outstanding experience working with the Law Office of Ross Yang, which I retained just 15 days before the critical deadline for my H-1B case. To my... read more
Alcibiade J.
Alcibiade J.
2024-10-07 10:14:23
I am incredibly grateful for Attorney Hai Miao's assistance throughout my H1B application process. It was truly a stroke of luck to have her as my lawyer.... read more
Grace S.
Grace S.
2024-09-30 21:52:57
专业又可靠,they know what they are doing.... read more
Cuiyuan H.
Cuiyuan H.
2024-08-28 00:11:07
I had a great experience with Michelle for my H1B visa application. She was responsive, and professional throughout the entire process. I highly recommend... read more
卓能
卓能
2024-08-11 13:50:03
和海淼律师从最开始联系有几年了,从最开始只是单纯咨询H1b相关事宜时,就让我感觉非常的专业和放心。之后在公司办理O1和EB1期间,海淼律师也无偿提供了不少帮助。所以后来在接到RFE的时候,我没有犹豫,正式让海淼律师协助处理。在准备回应RFE材料的过程中,更加能感觉到海淼律师的专业,耐心,和严谨态度,为了ddl,哪... read more
Y Z.
Y Z.
2024-08-05 11:01:39
朋友推荐的金石律所给我,非常靠谱,我的H1b transfer,Perm和I140都是在这边办的,整个沟通流程非常顺畅,非常有耐心,详细的解答了我的各类问题,并且每一步的各项材料的准备都非常严谨全面,Perm和140都是一次性获批,Perm获批后,因为H1b即将max... read more
Yang L.
Yang L.
2024-07-26 13:20:16
I am incredibly grateful to the Law Office of Ross Yang for their exceptional service and professionalism in helping me successfully obtain my green card.... read more
Siyu Y.
Siyu Y.
2024-06-30 18:46:43
Highly recommend. I am glad that I entrusted Lawyer Miao on my H1B case. Miao is very professional, efficient and responsible. I was impressive that she... read more
Sabrina Z.
Sabrina Z.
2024-04-25 23:58:13
I saw recommendations on Xiaohongshu, and everyone's reviews of this law firm were very good. My H1B and H1B Transfer were handled by Miao's team at Ross... read more
Maggie M.
Maggie M.
2024-03-18 22:06:21
I entrusted this law firm with both my H1B and I-485 (green card) applications, and I couldn't be happier with the service. Lawyer Miao demonstrated... read more
HC L.
HC L.
2024-01-23 14:33:23
在一亩三分地上看到的推荐,金石律所的名声好评如潮,大家都因为他们极为详尽的工作而赞不绝口。我的H1B签证正是由金石律所的海淼律师处理的,他们的工作真的非常详细,没有任何疏漏,而且他们对各种特殊情况经验丰富,还提供了各种自己需要写的文件的Sample。此外,这家律所的客户众多,对应不同公司和众多CPT学校的经验非常... read more
Zhengyu J.
Zhengyu J.
2024-01-12 17:07:11
I work at a small company in LA, and I consider myself lucky as I won the H-1B lottery this year. The company is a startup with a very small scale, and this... read more
boyang c.
boyang c.
2023-12-01 21:10:44
We had an urgent case for h1b with limited information provided. Their team worked professionally with high quality. We got h1b approved in real short time. read more
Licheng G.
Licheng G.
2023-11-29 15:01:17
We're truly grateful for Miao Hai's support on our O-1 case. Miao meticulously examined our documents, catching oversights like omitted company credentials... read more
Mika C.
Mika C.
2023-11-27 23:16:56
I highly recommend Ross Yang Law if you consider applying EB1-typed petition. I, as one of the applicant, just got my I-140 approved recently with the... read more
Gang L.
Gang L.
2023-10-25 20:31:18
Highly recommend! I am thrilled to share my positive experience with Miao Hai from the Ross Yang Law Firm, who played an instrumental role in my immigration... read more
露
2023-09-28 12:06:14
Strong recommend! Michelle from this law firm helped me from PERM to 485 approval and she is super professional and attentive! I hired another law office... read more
HC L.
HC L.
2023-09-25 11:07:16
在一亩三分地上看到的推荐,金石律所的名声好评如潮,大家都因为他们极为详尽的工作而赞不绝口。我的H1B签证正是由金石律所的海淼律师处理的,他们的工作真的非常详细,没有任何疏漏,而且他们对各种特殊情况经验丰富,还提供了各种自己需要写的文件的Sample。此外,这家律所的客户众多,对应不同公司和众多CPT学校的经验非常... read more
Yang S.
Yang S.
2023-09-15 15:50:48
我是从ArtCenter毕业的,现任铁头Tilta美国的CEO,大多数电影人应该都用过我们的产品。我们公司有很多移民签证及绿卡的需求,在和海淼律师合作前,我们咨询过数十家移民律所也跟一些行业内最大的律所合作过,走过很多弯路。在跟海淼律师合作以后,我们沟通效率提升了五倍以上,哪怕周末或者下班后,还是可以高效的解决问... read more
Rebecca P.
Rebecca P.
2023-09-11 16:57:49
I was recommended by my friend who did his work visa and green card application both with the Ross Yang Office. My work visa application is a bit... read more
Marcus C.
Marcus C.
2023-08-08 15:28:14
金石律所的海淼律师非常专业,H1B 给了非常多建议。H1B 抽了3年,今年终于抽中了!8月8 号 一收到approval,就得到律所的通知。 绿卡EB2也是找海淼律师办的,从职位的选择定位到打广告,提交perm... read more
Alicia_Jiahui Y.
Alicia_Jiahui Y.
2023-06-24 21:52:47
We worked with the Law Office of Ross Yang on our marriage based Green Card case. Since our first meeting with attorney Michelle, she explained everything... read more

Popular Tags

Share this: