Overview

The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. It requires the employer file a Petition for a Nonimmigrant Worker (Form I-129), along with evidence of the individual’s extraordinary ability. The standards of “extraordinary ability” are virtually identical to those applicable to employment-based EB-1 category for aliens of extraordinary ability.

Advantage

The O-1 classification is a useful and flexible alternative to the H1B program because there is no quota cap, no overall limit on time in classification, and no prevailing wage requirement.

Services We Provide

O-1 Visa is our specialty! We have been working on Extraordinary Ability cases for nearly two decades. The success rate for the past 16 years is over 90%. Please contact us for a free evaluation by emailing your full CV to This email address is being protected from spambots. You need JavaScript enabled to view it..

Once we communicate our analysis to you, and agree on the best course of action to pursue, a retainer agreement will be emailed out. Our O-1 services include: Counsel and advise client; provide sample support letters; provide editorial advice; organize and package complete documentation to present your case in the best light possible; draft an attorney brief; file petition with USCIS; answer RFE (Request for Evidence) if applicable; follow up until conclusion of the case.

Read More about O1 Work Visa for Extraordinary Ability

Main Qualifying Criteria

The O-1 petition requires employer sponsorship. The employment must be in a capacity that requires the extraordinary ability. A written consultation/advisory opinion must be submitted, from a peer group, or recognized expert, in the field in the individual's area of ability, along with evidence to prove the alien’s extraordinary ability.

For Aliens in the sciences, education, business, and athletics:

Applicant can show evidence of receiving a major, internationally recognized award such as a Nobel Prize. In absence of that, one can establish his qualifications through at least three of the following types of evidence:

1. Documentation of receipt of lesser nationally (not necessarily U.S.) or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of membership in associations in the field of endeavor which require outstanding achievements of their members, as judged by recognized national or international experts in their fields;
3. Published material in professional or major trade publication or in the major media about the alien and relating to the alien's work in the field of endeavor;
4. Evidence of participation as a judge (individually or as a part of a panel) of the work of others in the alien's field;
5. Evidence of scientific, scholarly, or business related contributions of major significance in the field of endeavor;
6. Evidence of authorship of scholarly articles in the field, in professional journals or other major media;
7. Evidence of performance in a critical or essential capacity for organizations or establishments with distinguished reputations;
8. Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others; and
9. Other comparable evidence.

For Aliens in the arts, motion pictures, or television:

For arts, applicant must show that he has acquired "distinction" in his artistic field. Persons in the motion picture or television industry must show a very high level of accomplishment 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 industry. In either case, Applicant can show evidence of receiving a major, internationally recognized award such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award. In absence of that, one can establish his qualifications through at least three of the following types of evidence:

1. Having been or will be performing a lead or starring role in productions or events which have a distinguished reputation (as evidenced by critical reviews, advertisements, press releases, publications contracts, or endorsements;
2. Critical reviews or other published material in professional or major trade publication or in the major media by or about the alien which show that the alien has achieved national or international recognition or achievements;
3. Evidence of performance in a lead, starring or critical role for organizations or establishments with distinguished reputations;
4. Evidence of a record of major commercial or critically acclaimed successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales;
5. Evidence of significant recognition for achievements form organizations, government agencies, or other recognized experts in the field;
6. Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others; and
7. Other comparable evidence

Documents Typically Needed

The types of supporting documents vary depending on the applicant’s field. The following is a list for a scientist case:

• Written consultation
• Copy of employment contract
• Copies of published journal articles or book chapters; if possible, collect evidence to prove the ranking of the journal
• Copies of documentation regarding any patents which you may hold
• Documentation of award or prize received
• Evidence of citations of your articles
• Documentation of peer-reviewed presentations
• Evidence of invitations you may have received to participate in conferences, submit papers or to review work of other scientists, including documentation of participation as a reviewer, judge, on a panel or individually of work of others in the same field
• Evidence of media coverage of your work
• Information on elected/nominated professional membership
• Support letters
• Updated CV and List of publications
• Other evidence that may help your "international/national acclaim" in the field