The O-1 visa is for individuals with proven "extraordinary ability" in the sciences, arts, education, business or athletics or "extraordinary achievement" in motion picture or television productions who are coming to the US to work on a project or event in their area of expertise.

What is extraordinary ability?

Extraordinary Ability means a level of expertise indicating that an individual is one of that small percentage who have risen to the very top of their field of endeavor.

How do I prove that a I meet this lofty standard of "extraordinary ability"?

The petition must be accompanied by evidence of national or international acclaim and that your achievements have been recognized in your field of expertise.

What sort of evidence should I provide to prove this?

Evidence of a one-time achievement can prove extraordinary ability. If you have received a major international award like the Nobel Prize, the A. M. Turing Award, an Academy Award or any prize at this level, it should be sufficient evidence.

Is there another way to qualify if I do not have such a prestigious award?

If such an award has not been received, at least three types of evidence from the following list must be submitted:

• receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• membership in association of endeavor which require outstanding achievements of their members, as judged by recognized national or international experts in their fields
• published material in professional or major trade publications or major media about the alien and relating to the alien's work in the field of endeavor
• evidence of participation, on a panel or individually, as a judge of the work of others in the same or an allied field of specialization
• original scientific, scholarly, or artistic contributions of major significance in the field of endeavor
• authorship of scholarly articles in the field, in professional journals or other major media
• display of the alien's work in the field at artistic exhibitions or showcases in more than one country
• performance in a lead, starring, or critical role for organizations or establishments with distinguished reputations
• receiving a high salary or other significantly high remuneration for services in relation to others
• commercial successes in the performing arts, as shown by the box office receipts or record, cassette, compact disc, or video sales

Comparable evidence may be submitted to establish eligibility in certain circumstances.

What is extraordinary achievement in motion pictures or TV?

Extraordinary achievement in this context refers to a very high level of achievement in the movie or television industry accompanied by a degree of skill that is significantly above other members of the industry. As a result of the individual's skill and achievement, he or she is recognized as an outstanding, notable or leading member of the industry.

Do I require any type of sponsorship?

Yes, an offer of employment is required. In fact, the O-1 visa petition is made by a US employer on behalf of a prospective employee.

Can my extraordinary ability be in any field?

No. You are limited to sciences, arts, education, business, or athletics.

What is the "consultation" requirement for the O-1 visa?

Good question. US law requires an applicant for the O-1 visa to consult with a "peer group" in the area of the alien's ability. This requirement can be satisfied by a letter from a group or association that can reasonably be expected to speak on behalf of the profession in which the visa applicant has demonstrated extraordinary ability. In certain professions, the USCIS will only accept consultations from selected collective bargaining associations (unions). Union consultations are usually required for O-1s in the arts or athletics.

How long may a person remain in O-1 status?

O-1 visa holders may be admitted to the US for an initial period of three years. However, the status can be extended in one-year increments if the event or project for which the applicant was admitted requires further work.

Can support personnel qualify?

Support personnel (O-2s) can only qualify to travel with O-1 visa holders who are approved as extraordinary members of the arts, athletics, motion pictures and TV. Support personnel in business, sciences or education are ineligible for O-2 status. O-2 support personnel seeking to accompany O-1s (in the arts or athletics) must 1) enter solely for the purpose of assisting the O-1's performance, 2) be integral to the O-1's performance, 3) have critical skills and experience with the O-1 alien, and 4) have an unabandoned foreign residence.

What about my family?

Your spouse and unmarried children under 21 may qualify for O-3 visas and remain with you in the US while you maintain O-1 status. However, your family members may not work in O-3 status.

What about applying for a green card?

O-1s and their dependents (O-3s) may pursue permanent residence in the U.S. while maintaining their respective non-immigrant statuses. However, O-2s must be coming to the U.S. temporarily and must maintain an unabandoned foreign residence. O-1s and O-3s are therefore considered "dual intent" categories whereas O-2s must have purely nonimmigrant intent.