O-Visa: Individuals with Extraordinary Ability / AchievemenT

O-1 Visa

The O-1 nonimmigrant visa is designated for individuals with exceptional abilities in various fields such as sciences, arts, education, business, or athletics. It also applies to those with a proven track record of outstanding accomplishments in the motion picture or television industry, recognized nationally or internationally. 

To be eligible for an O-1 visa, you must demonstrate exceptional ability through sustained national or international recognition, or a history of extraordinary accomplishments in the motion picture and television industry. Moreover, you must be entering the United States temporarily to continue work in your field of extraordinary ability.

The O nonimmigrant categories are commonly categorized as follows:

O-1A: Individuals demonstrating extraordinary ability in sciences, education, business, or athletics (excluding arts, motion pictures, or television industry). Extraordinary ability in fields such as science, education, business, or athletics signifies a level of expertise placing you among the elite few in your field.

O-1B: Individuals exhibiting extraordinary ability in the arts or exceptional achievement in the motion picture or television industry. In the realm of arts, extraordinary ability equates to distinction, indicating a notable level of achievement. This distinction manifests in a degree of skill and recognition significantly surpassing the norm, to the extent of being prominent, renowned, leading, or widely recognized in the artistic field. 

For qualification in the motion picture or television industry, extraordinary achievement is a prerequisite. This achievement is demonstrated by a level of skill and recognition substantially exceeding the norm, such that you are acknowledged as exceptional, noteworthy, or pre-eminent in the motion picture and/or television domain. 

O-2: Individuals accompanying an O-1 artist or athlete to provide assistance in a specific event or performance. 

To qualify for an O-2 visa, your assistance must constitute an "integral part" of the O-1A visa holder's performance, and you must possess specialized skills and experience that are unique and cannot be readily fulfilled by a U.S. worker. In the context of an O-2 visa holder in the motion picture or television industry, your skills and experience with the O-1 visa holder must be specialized and essential either due to a longstanding professional relationship or, concerning the specific production, because significant aspects of the production (including pre- and post-production work) will occur both within and outside the United States, necessitating your ongoing involvement for successful project completion.

Family of O-1 and O-2 Visa Holders:

If your spouse and children under the age of 21 intend to accompany you to the United States or join you later ("following to join"), they may qualify to apply for an O-3 nonimmigrant visa. Their admission period and restrictions will mirror yours. While they are not permitted to work in the United States under this classification, they are allowed to engage in full-time or part-time studies while on an O-3 visa.

This is for information purpose only. If you feel you qualify under this section, please contact us and we will be more than happy to discuss your case.