O-1 Persons with Extraordinary Ability

The O-1 nonimmigrant visa is for individuals who possess 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. O-1A classification is for those with extraordinary ability in Science, Education, Business or Athletics, and O-1 B classification is for those with extraordinary ability in the Arts.
While the O1 visa is a strictly non-immigrant classification, meaning that it is temporary and does not directly lead to a green card, the O-1 visa has a number of advantages over the H-1B and other visas, including:

• not subject to a cap (or annual numerical limitation)
• not subject to the 2-year foreign residence requirements which apply to some former J-1 visa holders
• professional degrees are not required for all O-1 Petitions
• there is no specific wage requirement and an LCA is not required to be filed with US DOL
• application filing fees are lower than for the H-1B visa
• while granted for an initial period of three years, there is no limit to the number of times an O1 visa can be extended

If there is a downside to the O-1 category, it is the difficulty in qualifying by meeting the high level of achievement and credentials required. To qualify, the individual must be able to provide evidence of a one-time achievement of a major, international recognized award (such as the Nobel Prize, or the equivalent in the applicable field), or must demonstrate at least three (3) of the following:

• Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
• Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation
• Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought
• Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field
• Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media
• Evidence that the alien has been named on a competitive government grant for STEM research
• Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases
• Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation
• Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field
• Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.