O Visa: Extraordinary Ability

by Ashley Negrette

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability through sustained national or international acclaim in a specific area and must be coming temporarily to the United States to work in that area of extraordinary ability.

Extraordinary ability includes national and international recognition in the fields of:

  • Sciences
  • Arts
  • Education
  • Business
  • Athletics
  • Motion Picture or Television Industry
  • Any field of endeavor

O Visa Breakdown

  • O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics
  • O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
  • O-2: Individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.
  • O-3: Individuals who are the spouse or children of O-1’s and O-2’s

Duration of Status

An O petition may be approved for up to 3 years and extensions may be granted indefinitely for long-term projects or assignments. There is currently no annual limit on O visa numbers.

General Requirements

  • The foreigner must be coming to the U.S. to perform services in his/her area of expertise

  • Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor

  • Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts

  • To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field

Call Negrette Law, P.C. for a Strategy Session: (619) 356-1448

The information provided in this post is not legal advice for your particular case.