Basic Overview
The O category is reserved
for:
Aliens of extraordinary
ability in the sciences,
arts, education, business,
or athletics (O-1),
the artist�s or
athlete�s support staff
(O-2), and
the O-1�s spouse and/or
children) (O-3).
To qualify, the alien must
be coming to the U.S. to
work in his or her area of
extraordinary ability or
achievement. There is
currently no annual cap on O
visas.
O-1
Extraordinary Ability
(Science, Education,
Business, or Athletics)
The O-1
category applies to aliens
coming temporarily who has
extraordinary ability in the
sciences, education,
business, or athletics (not
including the arts, motion
pictures or television).
Petition Document
Requirements
A U.S.
employer should file the
petition (Form I-129) with:
A written advisory opinion
from a peer group (including
labor organizations) or a
person designated by the
group with expertise in the
alien's area of ability;
A copy of any written
contract between the
employer and the alien or a
summary of the terms of the
oral agreement under which
the alien will be employed;
Evidence that the alien 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 alien 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
alien's occupation, the
petitioner may submit
comparable evidence in order
to establish the alien's
eligibility.
O-1
Extraordinary Ability (Arts,
Motion Picture, or
Television)
The O-1 category also
applies to aliens who are
coming temporarily and have
extraordinary ability in the
arts or extraordinary
achievement in the motion
picture or television
industry.
Petition Document
Requirements
A U.S. employer should file
the I-129 petition with:
A written advisory
opinion, describing the
alien�s ability as follows:
If the petition is
based on the alien's
extraordinary ability in the
arts, the consultation must
be from a peer group
(including labor
organizations) in the
alien's field of endeavor;
or a person or persons
designated by the group with
expertise in the alien's
area of ability.
If the petition is based
on the alien's extraordinary
achievements in the motion
picture or television
industry, separate
consultations are required
from a labor and a
management organization with
expertise in the alien's
field of endeavor.
A copy of any written
contract between the
employer and the alien or a
summary of the terms of the
oral agreement under which
the alien will be employed;
Evidence the alien 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 alien is
engaged, with the
testimonials clearly
indicating the author's
authority, expertise and
knowledge of the alien'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
alien's occupation, the
petitioner may submit
comparable evidence in order
to establish the alien's
eligibility.
O-2
Support Personnel
The O-2 category applies to
aliens accompanying an O-1
artist or athlete to assist
in a specific event or
performance. This person
would 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.
Petition Document
Requirements
The petition must be filed
by a U.S. employer in
conjunction with the filing
of the O-1 alien petition
and must be filed with:
A written advisory
opinion.
If the O-2
petition is for an alien
accompanying an O-1 alien of
extraordinary ability in the
arts, the opinion must be
from a labor organization
with expertise in the skill
area involved.
If the O-2
petition is for an alien
accompanying an O-1 alien of
extraordinary achievement in
the field of motion picture
or television, the opinion
must be from a labor
organization and a
management organization with
expertise in the skill area
involved.
Evidence of the current
essentiality, critical
skills, and experience of
the O-2 alien with the O-1
alien, and that the alien
has substantial experience
utilizing the critical
skills and essential support
services for the O-1. In the
case of a specific motion
picture or television
production, the evidence
shall establish that
significant production has
taken place outside the
U.S., and will take place
inside the U.S. and that the
continuing participation of
the alien is essential to
the successful completion of
the production.
O-3
Dependents
Spouses and minor children
(dependents) of O-1�s are
admitted under O-3 status
with the same restrictions
as the principal. They may
not work in the U.S. under
this classification.
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