O1 Extraordinary Ability

Employers seeking to sponsor foreign nationals with extraordinary ability in science, education, business or athletics must demonstrate that the foreign national has a level of expertise indicating that he or she is one of the small percentage of people who has risen to the very top of the field. The foreign national’s extraordinary ability can be evidenced by either the receipt of a significant national or international award or prize, or evidence that the foreign national meets at least three (3) of the following criteria:

Receipt of nationally or internationally recognized prizes/awards for excellence in the field;
Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts;
Published material in professional or major trade publications or major media about the foreign national;
Participation on a panel or as a judge of the work of others in the same or an allied field of specialization;
Original scientific, scholarly, or business-related contributions of major significance;
Authorship of scholarly articles in professional journals or other major media;
Current or previous employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

Employers seeking to sponsor foreign nationals with extraordinary ability in arts, (including, but not limited to, performing arts, culinary arts, visual arts or fine arts) must demonstrate that the foreign national has a level of international or national distinction, prominence or renown.

The foreign national’s distinction or prominence cane be evidenced by either the receipt of a significant national or international award or prize, or evidence that the foreign national meets at least three (3) of the following criteria:

Has performed/will perform services as a lead/starring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts, or endorsements;
National or international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major papers, trade journals, magazines, etc.;
Has performed in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.;
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 or other remuneration in relation to others in the field.

Foreign nationals intending to travel to the United States temporarily to assist with the O-1B principal’s performance may be able to receive an O-2 visa and status if the petition is filed in conjunction with the O-1B petition filed on behalf of the foreign national with extraordinary ability in the arts.

An initial petition of O-1 status may be approved for up to three (3) years. Although the O-1 visa and status is for a temporary period of time, there is no maximum period of time during which an individual may be in the United States in O-1 status.

Spouses and children of O-1 Extraordinary Aliens may be eligible to reside in the United States in O-3 status. Family members in O-3 status are not eligible for employment authorization in the United States. Children on O-3 status are eligible to attend school in the United States.