Understanding O-1: Individuals with Extraordinary Ability

While many people are familiar with the O-1 visa, there is often a lack of knowledge about its specific eligibility criteria, legal requirements, and the necessary documentation for application. This post offers a concise overview of the O-1 visa to provide general information.

What is O-1 Visa?

The O-1 visa is designated for individuals with “extraordinary ability.” Eligibility for an O-1 visa extends to those who demonstrate extraordinary ability in the fields of sciences, arts, education, business, athletics, or motion pictures. Based on the extraordinary individuals’ field of endeavor, the O-1 visa is further categorized into two distinct categories: O-1A and O-1B.

O-1A

O-1A visa is for individuals with extraordinary ability in the fields of science, education, business, or athletics. To qualify for O-1A, one must demonstrate that he or she possesses “a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.”[1] In general, those who apply for O-1A are required to meet at least three out of the below eight criteria:

• Receipt of nationally or internationally recognized prizes or awards in the field of endeavor;

• Membership in prestigious associations in the field;

• Published materials in professional or major trade publications or major media about the individual;

• Participation as a judge of the work of others in the same field;

• Original contributions of major significance in the field;

• Authorship of scholarly articles in the field, in professional journals, or other major media;

• Played critical or essential role for distinguished organizations; or

• High salary.

In addition, one may also submit “comparable evidence” in case the person has evidence of his or her extraordinary ability that does not readily meet the above-listed criteria.

O-1B

O-1B visa is for individuals with extraordinary ability in the fields of arts. Naturally, it is commonly known as the “artist visa.” For O-1B purposes, the term “arts” is extremely broad as the regulation provides: “Arts includes any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts.”[2] Almost any type of artist may apply for O-1B as long as the individual can demonstrate “distinction” in his or her field of endeavor by meeting three out of the below six criteria:

• Performed and will perform a lead or starring role in distinguished productions or events;

• Has been featured in major media outlets or has published materials in major media outlets;  

• Performed and will perform in a lead, starring, or critical role for distinguished organizations;

• Record of major commercial or critically acclaimed successes;

• Significant recognition for achievements from recognized experts in the field; or

• High salary.

In addition, one may also submit “comparable evidence” in case the person has evidence of his or her extraordinary ability that does not readily meet the above-listed criteria.

O-1B in the Motion Picture or Television Industry

Professionals in the motion picture or television industry are also eligible for O-1B, but the legal standard is slightly different from other O-1B artists. They need to establish “a very high level of accomplishment in the motion picture or television industry…”[3] However, they are still required to meet at least three out of the six O-1B legal criteria listed above. Also, they may submit “comparable evidence” in case the person has evidence of his or her extraordinary ability that does not readily meet the above-listed criteria.

Conclusion:

The O-1 visa serves as a crucial pathway for individuals of extraordinary ability with an opportunity to contribute their exceptional talents to diverse industries within the United States. Navigating this complex process requires a comprehensive understanding of the distinct categories of O-1 and the unique legal requirements associated with each. In our upcoming post, we will further review some essential features of the O-1 visa, offering additional insights to facilitate a smoother process.

[1] 8 CFR 214.2(o)(3)(ii).  

[2] Id.

[3] Id.