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O-1 (Extraordinary Ability) - Law Office of Lani Cao

O-1 (Extraordinary Ability)

An O-1 non-immigrant classification is for an Alien of Extraordinary Ability in the sciences, arts, education, business, or athletics. To qualify, you must be coming to the U.S. to work in your area of extraordinary ability or achievement. O-1’s are issued initially for 3 years and renewable in annual increments.

O-1A (Science, Education, Business, or Athletics)
The O-1A category applies to applicants who have extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).

Evidence must show that applicant has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
• Published material in professional or major trade publications, newspapers or other major media about the applicant and his work in the field for which classification is sought;
• Original scientific, scholarly, or business-related contributions of major significance in the field;
• Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
• A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
• 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;
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
• If the above standards do not readily apply to the applicant’s occupation, the petitioner may submit comparable evidence in order to establish the applicant’s eligibility.

O-1B (Arts, Motion Picture, or Television)

The O-1B category applies to applicants who have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

Evidence must show that applicant has 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, or evidence of at least three of the following:

• Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
• Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
• A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the applicant is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the applicant’s achievements;
• A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; or
• If the above standards do not readily apply to the applicant’s occupation, the petitioner may submit comparable evidence in order to establish the applicant’s eligibility.

O-2 Support Personnel

The O-2 category applies to applicants accompanying an O-1 artist or athlete to assist in a specific event or performance. This person must be acting as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete because he or she performs support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1. The petition must be filed by a U.S. employer in conjunction with the filing of the O-1 applicant petition.

O-3 Dependents

Dependents of O-1s including spouses and minor children are admitted under O-3 status.

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