The O nonimmigrant
visa category applies to aliens of extraordinary ability in the arts,
athletics, sciences, education, business, or the motion picture or television
industry who are coming to the United States to perform temporary services
relating to an event or events. It is also available to accompanying
aliens who are coming to assist in the artistic or athletic performance
of an alien of extraordinary ability.
Who
is Eligible?
A foreign national
who has extraordinary ability in the arts, athletics, sciences, education,
or business, and is coming to the United States temporarily to perform
services for a U.S. employer in his/her area of expertise may be granted
an O-1 visa. "extraordinary ability" means that the alien
has reached a level of expertise indicating that he/she is one of a
small percentage who have risen to the very top of his/her field of
endeavor. Also, the position the alien is coming to fill must require
the services of an individual of extraordinary ability.
The "arts" may also include aliens in the motion picture or television
industry. To qualify for an O-1 visa, individuals in this industry are held to
a slightly different standard that others applying for an O-1 visa. They must
document "extraordinary achievement" through a demonstrated record
of "distinction" or prominent. "distinction" means a high
level of achievement and skill substantially above that ordinarily encountered
to the extent that the alien described as prominent is renowned, leading, or
well-known in the field.
An employer may file
a petition with the INS Regional Service Center having jurisdiction
over the where the job will be performed. If the job requires the alien
to work in different locations, then the petition must be filed with
the INS Service Center that has jurisdiction in the area where the petitioner
is located. If a foreign employer working through a U.S. agent files
on behalf of the alien, the petition must be filed with the Service
Center that has jurisdictions in the area where the alien will first
work. If the alien's employment terminates for other than voluntary
resignation, the employer and the petitioner are jointly responsible
for the reasonable cost of return transportation of the alien to his/her
last place of residence prior to his/her entry into the United States.
The petition must establish that the alien is an individual with extraordinary
ability and that the position requires the services of an individual with extraordinary
ability. To demonstrate the latter, the position must meet one of the following
criteria:
The position
or services to be performed must involve an event or activity
which has a distinguished reputation, or is a comparable
newly organized event, production or activity; or
The services
to be performed must be in a lead, starring, or critical
role in an activity for an organization or establishment
that has distinguished reputation, or record of employing
extraordinary persons; or
The services
primarily involve a specific scientific or educational; project,
conference, convention, lecture or exhibit sponsored by bone
fide scientific or educational organization or establishment;
or
The services
consist of a specific business project that is appropriate
for an extraordinary executive, manager, or highly technical
person due to the complexity of the business project.
To establish that
the alien has extraordinary ability in his/her field, the petition must
be filed with documentation that demonstrates sustained national or
international acclaim and recognition, or receipt of a major internationally-recognized
award, such as a Nobel Peace Prize. The alien may also qualify as an
individual of extraordinary ability by submitting at least three (3)
of the following forms of documentation:
a.) Documentation
of the receipt of nationally or internationally recognized
prizes or awards for excellence in the field of endeavor;
b.) Documentation
of membership in associations in the field which require
outstanding achievements as judged by recognized international
experts;
c.) Published
material in professional or trade publications or newsletters
about the alien and his work in the field;
d.) Evidence
that the alien has participated on a panel, or individually,
as a judge of the work of others in the field or an allied
field;
e.) Evidence
of original scientific or scholarly research contributions
of major significance in the field;
f.) Evidence
of authorship of scholarly articles in the field in professional
journals or other major media; or
g.) Evidence
the alien commands a high salary or other high remuneration
for services.
To qualify as an alien
of extraordinary achievement in the motion picture or television industry,
or an alien of extraordinary ability in the filed of arts, the alien
must be recognized as having a record of extraordinary achievement as
demonstrated by the following:
a.) Evidence
that the alien has been nominated for or the recipient of
significant national or international awards or prizes in
the particular field such as an Academy Award, an Emmy, a
Grammy, or a Director's Guild Award; or
b.) At
least three of the following forms of documentation:
Evidence
that the alien has performed or will perform services as
a lead or starring participant in productions or events which
have a distinguished reputation as evidences by critical
reviews, advertisements, publicity release, 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 newspaper,
trade journals, magazines, or other publications;
Evidence
that the alien has performed in a lead, starring, or critical
role for organizations and establishments that have a distinguished
reputation evidenced by articles in newspapers, trade journals,
publication, or testimonials;
Evidence
that the alien has a record of major commercial or critically
acclaimed successes as evidenced by such indicators as title,
rating, standing in the field, box office receipts, credit
for original research or product development, motion picture
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 field in which the alien is engaged.
Such testimonials must be in a form which clearly indicated
that author's authority, expertise, and knowledge of the
alien's achievement; or
Evidence
that the alien has commanded or now commands a high salary
or other substantial remuneration for services in relation
to others in the field, as evidence by contracts or other
reliable evidence.
Before the INS can
approve an "o-1" visa petition, a written advisory opinion
from an appropriate peer group, labor and/or management organization
regarding the nature of the work to be done by the alien, and the alien's
qualifications must be obtained. To facilitate INS's adjudication, the
petitioner should obtain the written advisory opinion, and submit it
to INS with the petition. The advisory opinion should set forth a statement
of facts which supports the conclusion reached in the advisory opinion.
It must be signed by an authorized official of the group or organization.
In the case of an alien who will be employed in the fields of arts,
entertainment, or athletics where the INS determines that the petition
merits expeditious handling, the INS may obtain the advisory opinion
telephonically.
A spouse and unmarried
minor children of an alien who holds an O-1 visa are eligible for O-3
visas. They may not accept employment while in the United States while
on an O-3 visa.
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