The O Visa is designed for people who have exceptional ability in one of the following areas: science, arts, education, business or athletics. The O visa has 2 types, one is called an O-1A and the other is O-1B. The requirements are similar for both, but the O-1B is specifically for people involved in motion picture or TV productions.
Generally speaking, the requirements for an O1 visa would be:
1) Extraordinary ability in the sciences, arts, education, business or athletics; AND
2) Shown or demonstrated by national or international acclaim (O1A visa); OR
3) In the case of motion picture/TV production, the extraordinary achievements have been recognized by extensive documentation (O1B visa)
First, there has to be a specific work/project(s) that will not be more than 1 year in the future (from the time you submit application). In addition, the time period the visa status is valid for varies, depends on the length of the work/project(s) used as the basis of the application, but may not be valid for longer than three years. The O-3 visas is available for spouses and/or children of the O-1 visa holder.
Second, the main obstacles to overcome are proving ”extraordinary ability in the arts ” and/or “extraordinary achievements”. The extraordinary ability category may be evidenced by showing that you are prominent in your field of work.
The extraordinary achievements (for motion picture/TV) category is similar to the first, but is a bit of a higher standard and may be evidenced by showing that the applicant is at a high level of skill and recognition. For example, maybe one can prove this by showing any awards (nominated or won) or reviews that the applicant has received.
In order to prove distinction in science, education business or athletics, one must show at least 3 of the following:
1) Receipt of national or international awards;
2) Membership in an organization that requires outstanding achievement;
3) Published materials about the applicant in professional or major trade publications;
4) Judgment of the work of others;
5) Original scientific or scholarly work;
6) Evidence of authorship of scholarly work;
7) The applicant will command or has commanded a high salary in relation to others in the field.
In order to prove distinction in the arts, it is recommended that the applicant meet at least three of the below criteria:
1) Critical reviews in major newspapers or trade journals;
2) Record of major commercial or critically acclaimed successes;
3) Significant recognition from organizations, critics, government agencies or other recognized experts in the field
4) Has commanded or will command a high salary.
The documentation that can be used for all of the above O visas can be affidavits by employers and experts, contracts, awards, and similar documentation. Also, you will need an explanation of the nature, time frame and itinerary of events, as well as advisory opinion from consultative organization.
In conclusion, the first priority would be to get an offer of employment in the US. Once that is achieved, then applicant then needs to the “extraordinary ability” and “national/international acclaim” requirements, amongst others.
The information contained in this article does not constitute a legal opinion nor does it serve as replacing a proper individual legal consultation. Any use of this information shall be entirely at the risk of the reader.
This article was written by Dotan Cohen Law Offices, an immigration law firm that handles legal matters related to the United States, Australia, United Kingdom, Canada, and Israel. Our contact details are:
Tel. +1-646-797-5717
e-mail: [email protected]
