The O-1 visa is a temporary work visa for foreign nationals who possess "extraordinary ability in the sciences, arts, education, business or athletics" which "have been demonstrated by sustained national or international acclaim." It is also available to those in motion pictures and television who can demonstrate a record of "extraordinary achievement." USCIS interprets the statute in a broad fashion to include most fields which have a creative aspect.

In order to be granted an O-1 visa to work in the sciences, education, business or athletics, those applying for an O-1 visa need to provide evidence that they have "a level of expertise indicating that the person is one of the small percentage who have risen to the top of the field of endeavor." There are two primary methods to evidence  expertise. The first is providing evidence of having received a major internationally recognized award.  The second and most typical method is by including documentation for three of the following categories:  

?         Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor

?         Membership in associations in the field which require outstanding achievements of their members

?         Published material about the alien

?         Participation as a judge of the work of others in the same or allied fields

?         Evidence of original contributions of significance in the field

?         Authorship of scholarly articles

?         Evidence of employment in a critical or essential capacity for organizations with a distinguished reputation

?         Evidence that the alien has or will command a high salary

Who is eligible for an O-1 visa based on extraordinary ability in the field of art?  

Extraordinary ability in the arts signifies that the individual artist applying for an O-1 visa has attained "distinction." The definition for "distinction" is a "a high level of achievement in the field of arts evidence by a degree of skill and recognition substantially above that ordinarily encountered." In addition, distinction has also been interpreted as prominence in the artist's specific field. The applicant can show distinction by being the nominee or recipient of an important national or international award, or by providing evidence in at least three of the following categories:  

?         Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity released, publications contracts, or endorsements; Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;

?         Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;

?         Evidence that the alien has a record or major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

?         Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the filed in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or

?         Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidence by contracts or other reliable evidence.      

Who is elegible is an O-2 visa?  

An O-2 visa may be granted to individuals accompanying the O-1 visa holder who will assist the O-1 alien in their performance. To be eligible for an O-2 visa, the individual applying must meet the following requirements:  

?         Be an integral part of the actual performance

?         Have critical skills and experience that cannot be performed by others

?         In television and motion pictures, have a long-standing working relationship with the O-1 alien.  

Evidence must be submitted to establish the applicant's essential role, and that they have skills and experience not possessed by an immediately available US worker.

What are key requirements which must be met before an O-1 Visa application will be approved?  

USCIS requires a consultation with a US-based organization prior to an applicant being granted either an O-1 or O-2 visa.  

For applicants in the television and motion picture industries, a consultation is required with both the appropriate labor union and management organization. This opinion needs to describe the applicant's achievements in the field, and must indicate whether the position offered requires a person of extraordinary achievement.

For all other O-1 and O-2 applicants, the petition needs to include an advisory opinion from a peer group, labor union, or person with expertise in the applicant's field. The opinion may either state simply that the group does not have an objection to issuing the visa, or can provide in a detailed fashion the applicant's accomplishments. If the applicant's accomplishments are provided, the letter should also cover the applicant's ability, the type of the position offered, and if the position requires an individual of extraordinary ability. 

Advisory opinions for O-2 applicants should outline the essential role to be played by the support personnel, along with their relationship to the O-1 visa holder. In addition, the opinion should also state if there are available US workers.  

If the consultation is with an organization other than a labor union, USCIS will forward the application to the union it determines to be appropriate within five days of receiving the petition. The union has to provide an opinion on the petition within 15 days, and then USCIS has two weeks to come to a decision on the petition.  

If an O-1 applicant in the extraordinary ability in the arts category has already acquired a consultation within the previous two years, they are not required to get a new consultation.   In addition,  a consultation is not needed for  an extension of an O visa.  

Applying for an O Visa:  

An alien cannot apply for an O visa in his or her own name. They can, however, file through a US agent. This is often done when the alien beneficiary will be working for multiple employers (for example, they are performing in a concert tour). In this case, contracts from each employer must be submitted, as well as an itinerary. The petition should be filed at the regional service center with jurisdiction over the US agent. If the petitioner is a foreign employer, the application should be filed at the regional service center with jurisdiction over the location of the first place the beneficiary will work.  

The form for petitioning for an O visa is the I-129. This must be submitted along with the consultation opinion, evidence documenting the alien's extraordinary ability, and details of the proposed work in the US . The petition is to be approved for the duration of the event in which the alien will participate, for a maximum of three years.  

Agents, managers, concert venues, and others can sponsor the O-1 petition when there is no appropriate employer.  

An O visa may be extended in one-year increments for an indefinite period of time. Form I-129 is also used to file for an extension. The application for an extension does not need to include a consultation, and requires only a statement of why the extension is sought.  

Finally, O visas are what are known as "dual intent visas", meaning that even though the applicant has filed a labor certification or petition for classification as a preference worker leading to permanent residence, the O visa cannot be denied.

  Form I-907 and $1,000 premium processing fee.

Legislation enacted in 2000 creates a premium processing adjudication program. Under the program, business petitioners may choose to pay a $1,000 fee to obtain expedited processing of their cases. Such cases must be adjudicated within 15 calendar days. O and P petitions filed on Form I-129 are eligible for expedited processing. Petitioners requesting premium processing must submit Form I-907 and the $1,000 fee required for such requests. The fee is separate from the standard filing fee for the I-129 petition ($320).

Cable request when expedited visa issuance is needed .

The USCIS will send notice of the petition approval to the U.S. consulate designated on Form I-129, but this transmission process can take up to 30 days. If the alien needs to go to the consulate before that time, it may be necessary to have the USCIS cable notice of the approval to the consulate, particularly when the application is to be made at certain consulates that will not issue the visa without official notification. The cable request should be noted in the attorney's cover letter (describing the special circumstances or emergency situation requiring the cable), and even more importantly, marked in red pen in the left margin of Form I-129. Even though the filing fee covers "cable notification" for each alien included on Form I-129, this "cable notification" only includes the normal USCIS notification to the consulate, taking up to 30 days. For expedited notification by cable, the employer must follow the procedure described here; no additional fee is required for expedited notification as long as the request is made at the time that the petition is filed.