The O-1 fields include Arts, Sciences, Business, Education and Athletics. Extraordinary ability means the applicant has a level of expertise, indicating that the beneficiary is part of a small percentage that has risen to the top of their field of endeavor.

For example, if you are a person who is very skilled with an ability that stands out compared to that of your peers as a photographer, make-up artist, dancer, hairdresser, actor, or chef (there are many more areas within the field of arts). *You should contact our office to determine do you qualify for an O-1 classification, we will go through the legal criteria and review you resume and advise you whether you qualify.

The petitioner must either be a US employer inside the United States or a US agent inside the United States. What is the difference between using a US employer versus using a US agent? The main difference between a US employer and an agent acting as your petitioner under an O-1A/O-1B visa is the agent permits you to work for multiple employers. Whereas if the US employer is your petitioner, then you must only work for this employer.

If the US employer is your petitioner under an O-1 visa, then you can only work for the US employer under your O-1 visa and no other US employers. If you choose an agent, the agent, can either be an individual or a company, who is either in the business of being an agent, or who is only acting as your agent for purposes of the O-1 application. By utilizing an agent, you are permitted to work for multiple US employers while you are inside of the United States.

An O-1 visa may be initially granted by USCIS for up to three years, and you can request an indefinite number of one-year extensions inside the States.
O-1A visas are for persons with extraordinary ability in the sciences, arts, education, business, or athletics.
O-1B visas are for persons in motion picture or TV production.
O-3 is for the dependent spouse and children accompanying and following to join the main O-1 applicant.
O-2 are persons accompanying and assisting the O-1 beneficiary.

The petition process for an O-1A or O-1B application is as follows:
The initial application is filed with USCIS. Once USCIS makes an adjudication and you are outside of the United States, the approved O-1 application is forwarded to the US consulate/embassy where you are physically present. You must attend a consulate interview, where you will present more documents to the consular officer before the consular officer issues you with an O-1 visa. Caro can prep you for this consular interview and/or you can listen to one of our audio tapes to help you not only prepare for your interview but give yourself the best chance of getting an approval.

If you are inside the United States and you are changing your current status, for example, you may be inside the United States under an H-1B visa and now wish to change over to an O-1 visa. The O-1 change of status application is filed with USCIS while you are inside the United States, and once it is approved, you are permitted to work under your new O-1 petition.

However, the first time you travel outside the United States, you must go to the US consulate or embassy, and you will have an interview for the officer to issue your visa with the O-1 stamp. You simply cannot depart the United States and re-enter under your previous H-1B visa; you must enter under the new O-1 visa once the consular officer issues you with the O-1 visa.

What are the main requirements for an O-1 applicant?

1. You must have a sustained national or international acclaim.
2. You must be coming to the United States to continue in your same field of excellence, and you must be substantially benefiting the United States.
3. You must satisfy at least three criteria – see below

How to get USCIS to approve an O-1 petition:

Everything must be documented for the adjudicating officer; you must be able to prove everything you state. In other words, the USCIS adjudicator must see the evidence that you have extraordinary ability. That can be in the form of publications, articles written about you, expert letters, online evidence etc. Our office will guide you with how to shore up your evidence, what evidence is strong or weak from years of experience doing hundreds of these types of cases.

USCIS officers do give weight to recommendation testimonial letters from experts. Did you know just because an expert in your field drafts a letter, USCIS may consider it to be weak evidence unless it is drafted correctly? Our office will provide you with template letters to assist the author in drafting their letter to ensure it is cogent and compelling. For example, the author of recommendation letters must be in a position, based on their own expertise in your field, to recommend and testify to your extraordinary ability.

The criteria under an O-1 visa is as follows:
Feel free to click on an audio on our website by Caro as she goes into more detail about criteria with tips and a greater understanding of the evidence under criteria for getting an O-1 petition approved.
Evidence may include a one-time, major internationally recognized award, OR at least THREE of the 10 suggested criteria listed below:
1. NATIONAL OR INTERNATIONAL RECOGNITION:
Evidence showing you have achieved national or international recognition for your achievement. Alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
2. ASSOCIATIONS:
Membership in professional organization in the field for which classification is sought which requires outstanding achievement of their members, as judged by recognized national or international experts in the discipline or fields.
3. PUBLISHED MATERIAL:
Published materials about the alien’s work or achievements – professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought.
4. JUDGE OF THE WORK OF OTHERS:
Participation on a panel, or individually, as a judge of the work of others in the field for which classification is sought.
5. ORIGINAL AND SIGNIFICANT CONTRIBUTION:
Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance in the field.
6. SCHOLARLY ARTICLES:
Authorship of scholarly articles in the field, in professional or major trade publications or other forms of major media.
7. ARTISTIC DISPLAYS:
Displays of the alien’s work in the field at artistic exhibitions or showcases.
8. CRITICAL OR LEADING ROLE:
Employment in critical or essential capacity of organization and establishments that have a distinguished reputation (not support roles).
9. REMUNERATION:
Has commanded or will command a high salary in relation to others in the field
10. COMMERCIAL SUCCESS:
Evidence of commercial success in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
11. Comparable evidence:

The legal standards under an O-1 visa are as follows:
Under business, science, education, and athletics, the legal standard is extraordinary ability. This is where you have an extraordinary ability that is above 1% of the population.
For arts entertainers in TV and motion picture, the legal standard is extraordinary achievement. This is a very high level of accomplishment in the motion picture or TV industry that will be evidenced by a degree of skill and recognition significantly above an ordinary person. The evidence required is the same as a distinction in the arts, except that it will weigh the evidence differently by requiring the person of extraordinary achievement to meet a higher standard.
The legal standard under arts (this is arts that is not in TV and motion picture) is distinction. Distinction means a high level of achievement in the field of arts and recognition substantially above that ordinarily encountered to the extent that a person is described as prominent, leading, or well-known in their field.

Are you able to request an O-1 extension while you are inside of the United States?
On or before your current O-1 expires, you are permitted to file for an extension of O-1 status while you are inside of the United States. O-1 extensions are granted in one-year increments.
Does the spouse of an O-1 receive a work permit?

No. Dependents and spouses of O-1 beneficiaries do not receive separate work authorization. A dependent (spouse/child) is legally permitted to be inside the United States. Dependent children under the age of 21 & unmarried, are permitted to be legally inside the United States with the main O-1 applicant.

Children can attend school, but they cannot work.
Dependent spouses of an O-1 beneficiary are legally permitted to remain inside the United States. They can travel in and out of the United States during the period of time given to the main O-1 beneficiary. They can live legally, and can get a driver’s license, but they are not permitted to work as a dependent spouse of an O-1 beneficiary.

What is an advisory opinion:
Advisory opinions are typically required under the O-1 category. They are peer groups that provide consultation letters. The consultation letter will include the beneficiary’s achievements, describe the beneficiary’s ability in their field of expertise, and it will also include whether the position requires the services of an applicant of extraordinary ability. The consulting organization may also submit a letter of no objection if it has no objection to the approval of the petition. Professions that do not have peer groups can have this requirement waived.

My office has successfully filed hundreds of these applications throughout our 13 plus years in business as an immigration attorney. The O-1 visa is not just about those who are extraordinary and super talented. It is about how you present the evidence to an officer in order to get them to issue an approval. Speak to us so we can guide you and explain what documents you need and/or listen to our audios on our website.