USCIS : O Visas

The nonimmigrant O visa has three (3) distinct categories. The O-1 category is for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. The O-2 category is for certain aliens accompanying O-1 aliens in the arts or athletics. The O-3 category is for dependents of aliens in the foregoing categories.

To qualify for an O-1 visa in the sciences, arts, education, or athletics, the alien must have extraordinary ability demonstrated by sustained national or international acclaim. To document the extraordinary ability, the alien must present substantial evidence from a list of criteria mentioned in the US immigration regulations.

In addition to establishing the alien's qualifications, the petitioner (the one asking for the alien's services) , must also establish that the position requires the services of an alien of extraordinary ability or achievement, whichever is applicable, and must submit evidence that the alien is coming to the United States to continue work in the area of extraordinary ability or achievement.

The type of evidence needed, as well as the definition of extraordinary ability, differs depending upon the occupation of the beneficiary. For instance, scientists, educators, business people and athletes must demonstrate "a level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor." On the other hand, those seeking to enter as artists and entertainers (except for those affiliated with motion pictures or television production), must establish "distinction," which is defined as "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts." The term arts is defined as including "any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts."

Those artists and entertainers, as well as directors and other essential technical and creative personnel, who seek entry in conjunction with motion picture or television productions, must meet a different standard. This standard of extraordinary achievement is defined as "a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is recognized as outstanding, leading, or well-known in the motion picture or television field."

An O petition may be filed by the O alien's prospective US employer, foreign employer, or by an established US agent. It is filed on US immigration form I-129, together with the O supplement, and must be mailed to the US immigration service center that has jurisdiction over the alien's place of intended employment in the US. The artist or entertainer may add additional performances or engagements during the period of a valid O-1 petition without filing an amended petition. However, if the beneficiary changes employers, the new employer or agent must file a new petition.

Before an O petition can be approved, a mandatory consultation with an appropriate peer group, labor and/or management organization regarding the nature of the proposed work and the alien's qualifications is required. While the consultation is not binding on the US immigration service, it will be given considerable weight. It should be forwarded together with the I-129 petition. If it does not accompany the petition, the US immigration service will forward a copy of the petition and supporting documentation to an appropriate organization for their advisory opinion.

O-1 and O-2 aliens may be admitted for a period of up to three (3) years, and extensions in one year increments may be obtained. For aliens entering the US in O status, whose employment terminates for reasons other than voluntary resignation, the employer of the O alien, as well as the petitioner, are responsible for return transportation abroad.