Jethmalani & Nallaseth PLLC
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O Visa

Persons of Extraordinary Ability

The O Visa is available for foreign worker who have extraordinary ability in the sciences, education, business, athletics, or arts and are coming to the United States to render their services temporarily. The O Visa is divided into 2 categories:

  • O-1A: Available for individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry) or who has demonstrated "sustained national or international acclaim and recognition for achievements in the field of expertise.”
  • O-1B: For a worker who has extraordinary ability in the arts, motion picture, or television industry.

The petitioning employer is required to prove i) the worker has “extraordinary ability”, and ii) submit a “written consultation.” The standard for establishing extraordinary ability for O visa is very high.  The required documentation includes evidence of defined series of engagements supported by a contract or contracts, and an itinerary of schedule of events where services will be performed. Advisory consultation with a labor union, management organization, or other peer group is also required. In addition, the applicant must show that he/she is recipient of a widely recognized international award or show at least three of the following evidence must be provided:  

O-1A:

  • Awards or prizes for excellence in the field of endeavor
  • Membership in related associations that require outstanding achievements to become a member
  • Published material in professional or major trade journals about the applicant and the applicant’s work in the field
  • Significant and original business, scientific or scholarly contributions to the field
  • Articles authored by the applicant published in scholarly/professional journals
  • A high salary supported by reliable evidence that indicates the applicant has extraordinary ability
  • Evidence that the applicant has been on a panel as a judge of work of his peers others in the field
  • Employment with distinguished organization or establishment in an essential capacity

O-1B:

  • Evidence that the beneficiary has in the past performed or will perform in future in a leading role or as a star participant in distinguished events or productions
  • Evidence of National or International recognition for past achievements as published in major newspapers
  • Evidence that the beneficiary has in the past performed or will perform in future in a leading role or as a star participant in for distinguished organizations or establishments
  • Record of significant commercial success or critical recognition such as motion pictures
  • Received recognition from critics, experts or government agencies for achievements in the field in which beneficiary is engaged
  • A high salary supported by reliable evidence that indicates the beneficiary has an extraordinary ability as compared to the compensation received by others in the field

The period of authorized stay for O Visas is the duration of the event(s), or a maximum of 3 years. Extensions to continue/complete the same events may be obtained for one year at a time.

How can we help?

  • Provide consultation regarding required documentation and O-1 Visas procedure.
  • Provide assistance with preparing O visa petitions that meets the specific criteria.
  • Provide efficient services of timely filing of the petition with USCIS to avoid processing delays.