O-1 Eligibility and ‘Extraordinary Ability’ Explained
The O-1 visa is one of the most flexible and powerful temporary work visas available in the United States. It is designed for foreign nationals with extraordinary abilities or outstanding achievements. From entertainers to engineers to founders and researchers, the O-1 visa allows thousands of accomplished professionals to enter the U.S. to build careers without the limitations of other types of visas. Below, our Atlanta O-1 visa lawyer explains more about these visas.
What is the O-1 Visa?
The O-1 visa is a nonimmigrant visa for people who possess extraordinary achievement or ability in their chosen field. It is used by people who show top performance in the fields of education, science, technology, business, film, arts, and athletics.
Unlike the majority of work visas in the U.S., O-1 visas are not lottery-based. Instead, they are based on merit and do not have annual caps placed on them. Individuals may qualify if they show continued recognition on the national or international level and meet certain criteria through publications, awards, leadership roles, press, and other evidence.
Who Can Apply for an O-1 Visa?
O-1A visas are available for people with extraordinary ability in education, the sciences, athletics, or business. These individuals may include:
- Founders and entrepreneurs
- Professors, scientists, and researchers
- Athletes and other sports professionals
- Doctors and other medical professionals
- Executive and managers
- Data scientists, software engineers, and designers
O-1B visas are available for people with extraordinary ability in the arts, television, or motion picture industry. These individuals may include:
- TV shots, editors, and journalists
- Actors, artists, musicians, and creators
- Bloggers and influencers
O-1 Visa Requirements
Regardless of the type of O-1 visa applicants are applying for, there are certain requirements that must be met. These are as follows:
- Applicants must be entering the U.S. on a temporary basis to work in their area of extraordinary ability.
- An employer, U.S. sponsor, or agent must file Form I-129 on the applicant’s behalf.
- The applicant must provide an advisory letter from a relevant labor organization or peer group.
- The applicant must provide an evidence portfolio and detailed itinerary customized to their specific role.
O-1A Visa Requirements
Individuals applying for an O-1A visa must meet at least three of the following eight criteria:
- Internationally or nationally recognized awards
- Published material or media coverage about the applicant’s work
- Membership in exclusive associations
- Original contributions of major significance
- Judging others’ work in the same field
- Critical roles at renowned organizations
- Authorship of scholarly articles
- High salary compared to others in the same field
O-1B Visa Requirements
Individuals applying for an O-1B visa must have a major one-time achievement, such as winning a Grammy or Emmy, to qualify. Alternatively, applicants can qualify if they meet three of the following six criteria:
- Recognition through major media outlets or critical reviews
- Leading roles in renowned productions
- Critical or commercial success in the performing arts
- Critical roles at established and reputable organizations
- Significant honors or awards
- High salary compared to others in the same field
Our O-1 Visa Lawyer in Atlanta Can Determine if You Qualify
The O-1 visa has many benefits and is very flexible, but applying for one is complex. Our Atlanta O-1 visa lawyer can determine if you qualify and help you through the process so you obtain the best possible result. For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611.
Serving clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.
Source:
uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement
