O1 Visa (Alien of Extraordinary Ability)
The O1 visa is designated for aliens of extraordinary ability in the sciences, arts, education, business or athletics. The O1 visa is very helpful for artists, athletes, entertainers, high-end chefs, and business people lacking professional degrees. There is no prevailing wage requirement, the O1 visa may be extended indefinitely and there is no numerical limit to the number of O1 visas issued.
The O1 visa is a good option for J1 visa holders who are subject to INA §212(E) and have not obtained a waiver. The J1 visa holder can apply for an O1 visa via third country processing.
Scientists, educators, business persons and athletes who wish to qualify for the visa must show 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, as judged by recognized national or international experts;
- 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; or,
- Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
Artists and Entertainers (except TV or movie stars) who wish to qualify for the visa must show three of the following:
- as 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/international recognition for achievement 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 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/other remuneration in relation to others in the field.
Artists and Entertainers in connection with TV or Movies who wish to qualify for the visa must show a very high level of accomplishment in the motion picture or television industry 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 motion picture or television field.
Spouses and children of the O1 visa holder may obtain an O-3 visa to enter and remain in the US. The O3 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
The O1 Visa is appropriate for foreign nationals who have received major prizes or awards or other recognition for outstanding achievements in the field of arts, sciences, education, business or athletics and with a job offer from a US. company
What are the requirements for obtaining an O1 Visa?
An O1 classification applies to:
- An individual alien who has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who is coming temporarily to the United States to continue work in the area of extraordinary ability; or
- An alien who has a demonstrated record of extraordinary achievement in motion picture and/or television productions and who is coming temporarily to the United States to continue work in the area of extraordinary achievement.
O2 Visa (Essential Support Personnel of O1 Visa Holders)
The O2 visa is designated for persons that accompany and assist an O1 visa holder in a specific athletic or artistic event or in the motion picture or television industry. O2 visas are not available for those who accompany or assist O1 visa holders in education, science, or business.
Spouses and children of the O2 visa holder may obtain an O3 visa to enter and remain in the US. The O3 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
The O2 Visa is appropriate for essential support personnel of O1 visa holders.
The requirements for obtaining an O2 Visa is as follows: An O-2 classification applies to an accompanying alien who is coming temporarily to the United States solely to assist in the artistic or athletic performance by an O-1. The O-2 alien must:
- Be an integral part of the actual performances or events and possess critical skills and experience with the O1 alien that are not of a general nature and which are not possessed by others; or
- In the case of a motion picture or television production, have skills and experience with the O1 alien which are not of a general nature and which are critical, either based on a preexisting and long standing working relationship or, if in connection with a specific production only, because significant production (including pre- and post-production) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production.
Contact a Texas Immigration Lawyer at Bertolino LLP
Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474. You may also contact the firm by e-mail.
