O Visa 101

What is O visa?

This is usually the first question our clients ask us. The O-1 visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

From reading the definition, people often notice “extraordinary ability” and “recognized nationally or internationally”. Commonly, they think the O visa is has a very high standard, and only the people who are famous can apply for it. But is this the real situation? In another word, what are the specific criteria that define the qualification?

O-1A Visa

For individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry), the category is normally referred to as O-1A visa. The qualifying criteria are “1 or 3/8”.

The “1” means that you have received a major, internationally-recognized award, such as a Nobel Prize. This is like what people imagined – a very high standard. The majority O-1 visa holders do not qualify for the “1”, but the “3/8”.

“3/8” means that you have evidences of at least THREE of the eight following criteria:

1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

2. 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;

3. 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;

4. Original scientific, scholarly, or business-related contributions of major significance in the field;

5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;

6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;

7. Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought;

8. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

O-1B Visa

For individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry, the category is normally referred to as O-1B visa. For O-1B visa, the qualifying criteria are “1 or 3/6”.

The “1” means that you have received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award.

The “3/6” means that you have evidences of at least THREE of the six following criteria:

1. Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation;

2. Achieved national or international recognition for achievements;

3. Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation;

4. A record of major commercial or critically acclaimed successes;

5. Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged;

6. A high salary or other substantial remuneration for services in relation to others in the field;

If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry).

Assistants and Families

For O-1 artist or athlete, you can also bring your assistant to work in a specific event or performance. The assistant can apply an O-2 visa. The O-1/O-2 visa holder’s spouse or children can apply for an O-3 visa.

Period of Stay

USCIS will determine time necessary to accomplish the initial event or activity in increments of up to 1 year, and the initial period of stay is up to 3 years. The extension of stay is also up to 3 years.

In general, the fields in sciences, education, business, athletics, arts, motion pictures, or television industry is very broad, and how to define “extraordinary ability” within a specific field is case by case. Contact us at any time, for an evaluation based on your own situation.