O Visa for Extraordinary Ability

For Help Obtaining Your Visa, Contact Our O Visa Attorneys at Our Columbus Ohio, Cleveland Ohio, Southfield Michigan and Washington, D.C. Offices

Talented and acclaimed foreign nationals who may not qualify for H or L categories or who wish to avoid them can consider the O classification visa. The O visa is useful for those in the field of arts, athletics, entertainment, high-end chefs and business people who do not possess professional degrees. The O visa is a better alternative for the H-1B visa. The O-visa has no wage maintenance feature, no overall limit on time in classification, and no cap limitation.

Contact one of our experienced immigration attorneys to process a visa under the O category. We have successfully represented individuals in all walks of the professional spectrum including artists, athletes, scientists, professionals, professors, as well as researchers in the O visa category.

Call (888) 915-5057 or contact us online for a consultation.

Statutory Background

The Immigration and Nationality Act §101(a)(15)(0) defines the O classification, aided by §207 of the Immigration Act of 1990:

• The O-1 category is for individual aliens of extraordinary ability in the field of science, art, education, business or athletics
• The O-2 category is for aliens accompanying O-1 aliens in the arts and athletics
• The O-3 category is for spouses and dependents of aliens

O-1 Category & “Extraordinary” Standard

Beneficiaries of the O-1 category must have extraordinary ability demonstrated by sustained national or international acclaim. But "extraordinary" requires a high standard as applied to businesspersons, scientists, educators, and athletes and a much lower one as applied to artists and entertainers. However, artists and entertainers in the television and motion picture Industry must show "a demonstrated record of extraordinary achievement," a standard that falls somewhere in the middle.

8 CFR §§214.2(o)(2)(ii) and (iii) details the documentary requirements. The achievements of all types of O-1 beneficiaries must be recognized in the field through extensive documentation.

Evidence of Extraordinary Ability

The petitioner must establish the alien’s extraordinary ability by submitting evidence that the beneficiary is coming to the U.S. to continue to work in the area of extraordinary ability.

Scientists, Educators, Businesspersons & Athletes

These categories may be admitted under O-classification, provided they seek entry to continue work in their area of expertise, which means “a level of expertise indicating that the person is one of the small percentages who has risen to the very top of their field of endeavor."

The evidence may be beneficiary’s receipt of a major, internationally recognized award like the Noble prize or documentation of at least three of the following:

• 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;
• Published material in professional or major trade publications or major media about the alien;
• 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;
• Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

These standards are identical to those employment based first–preference petitions for aliens of “extraordinary ability” and similar to those under Schedule A, Group II for the Labor Certification Process.