Due to the high standards required to demonstrate eligibility for o1 status, the regulations provide for evidence-intensive rules for o1 petitions. In the following sections, we will examine the rules for filing o1 petitions, who may file o1 petitions, and the specific evidentiary and consultation requirements for demonstrating extraordinary ability or extraordinary achievement in a qualifying field.
The o-1 visa category is divided into two groups: o-1a for the sciences, athletics, and business; o-1b for artists. While the standard of “extraordinary ability” applies to both, the definition of “extraordinary ability” is slightly different for each group. Employer or agent sponsor. The o-1 visa requires a contract with a u. S. Employer or agent. You may not self-petition for an o-1. Advisory opinion. O-1 visa petitions must also include an advisory opinion from a trade or consulting organization, or a reputable peer group stating that the individual does have a sustained reputation of extraordinary ability. If there is no applicable peer group, a number of strong and focused letters from experts in the field may be substituted for the advisory opinion.
O-1 visa requirements are fairly straightforward but can be difficult to prove without a thorough understanding of this visa category. There are two categories of o-1 visas: o-1a and o-1b. The o-1a is for persons of “extraordinary ability” in business, science, education, or athletics, while the o-1b is for those who have “extraordinary ability” in the arts or “extraordinary achievement” in motion picture and or the television industry. An o-1 visa may be granted for an employment position, a single event or a series of events. Examples of eligible events include, a scientific project, conference, convention, lecture series, tour, exhibit, business project, an academic year, or engagement.
Uscis’s new guidance for o-1 petitions provides a detailed overview of the different o-1 classifications: o-1a, o-1b arts, and o-1b motion picture and television (“mptv”). The guidance also provides detailed standards for adjudicating o-1 petitions under each o-1 classification and the use of comparable evidence to satisfy one or more o-1 criterion. For example, the guidance expands the applicability of the o-1b mptv category to encompass “streaming movies, web series, commercials and other programs with formats that correspond to more traditional motion picture and television productions. ” the o-1b mptv category, according to uscis, is also proper where the “beneficiary will perform services for a motion picture or television productions while in the united states” even if the beneficiary will also be engaged in artistic services outside of the mptv industry.
CRITERIA FOR O-1A “EXTRAORDINARY ABILITY”
The o-1 nonimmigrant visa is for those individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. Writers of motion pictures, television, new media, and broadcast and digital news programs seeking o-1 visas to the u.
S. Are required by the department of homeland security to submit opinion letters from writers guild of america, east on the suitability of their request.
There are two ways to qualify for the o-1 visa. First, you can qualify with evidence that you’ve won a major award, like a grammy or nobel prize. But most people qualify the second way—by meeting three of eight extraordinary ability criteria. You only need to satisfy three criteria, but the more you can satisfy, the better.
The o-1 visa is a temporary work visa available to foreign nationals who have �extraordinary ability in the sciences, arts, education, business or athletics. � the extraordinary ability must have been demonstrated by �sustained national or international acclaim. �the o−1 visa is also available to those in motion pictures and television who can demonstrate a record of �extraordinary achievement. �the requirement has been interpreted broadly to include most creative fields, including photographers, chefs, carpenters and lecturers. The person must be coming to the united states to work in his or her field of ability, but the.
There are two ways to get an o-1a visa. First, you can qualify if you've won a significant national or international award, such as a nobel prize. Or, you can qualify by meeting at least three of eight o-1a extraordinary ability criteria. Awards: you have won awards in your field. Critical employment: you have held an important role at a distinguished company. Press: your work has been covered in press. Judging: you’ve judged a competition in your field. Memberships: you belong to a professional org. High remuneration: you have been paid a high salary or own significant equity. Scholarly articles: you’ve been an author or co-author in a peer-reviewed journal.
Employment must be in a capacity that requires the extraordinary ability. The job offer letter must state the nature of the activities in which the individual will be engaged, and it must specify the dates, for which work authorization is being requested; no more than three years on initial applications, one year on all subsequent petitions. A written consultation /advisory opinion from a peer group, or recognized expert, in the field in the individual's area of ability. An example might be a letter(s) of support from a renowned researcher(s), as evidenced by detailed curriculum vitae and publication list; that attest to the qualifications and work to be done by the o-1 petitioner.
Since the o-1 requires proof of sustained national or international acclaim for extraordinary ability or achievement, the applicant must meet a very high standard to qualify for this status. The o-1 visa is designed so that the majority of foreign nationals do not qualify for it. Because of the difficulty in obtaining o-1 status and because of the amount of time and effort required to put together an acceptable application, washington university will not recommend this visa type unless no other options are available. If the request for the o-1 is being made because a scholar has a j-1 two-year home residence requirement and thus is not eligible for an h-1b, there must be a viable plan for how this requirement will be fulfilled or waived.
An award that does not quite rise to the level of a “major, internationally-recognized award” may nonetheless count as 1 of the 8 criteria for determining “extraordinary ability. ”membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field. For this criteria, an individual must be a member of an association that will only admit individuals of high achievement in the field. A “pay-to-join” organization will not suffice. Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought.
Now, as you start to consider if this visa is the right way forward for you, remember that certain o-1 visa criteria do exist that will determine either the approval or rejection of every individual case. So, who is eligible for the o-1 visa? as outlined above, the primary determining factor in approving an o-1 visa is the applicant’s ability to prove their “extraordinary ability. ” to prove your extraordinary ability, you must be able to show that you have earned recognition or award - at the caliber of an olympic medal or nobel prize, or that you can meet or exceed at least three of the following criteria:.