The O-1 visa is a temporary worker visa issued by the United States government. It is a non-immigrant visa granted to foreign nationals who possess extraordinary ability in the sciences, arts, education, business, or athletics or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. “Extraordinary ability” is defined as significant national or international acclaim.
The O visa category is actually divided into four related types: O-1A and O-1B, O-2, and O-3.
- O-1A is for people with extraordinary ability in the sciences, education, business, or athletics
- O-1B is for people with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry
- O-2 is for individuals who will accompany an O-1 artist or athlete to assist in a specific performance or event
- O-3 is for the spouses and children of O-1 and O-2 visa holders
To qualify for an O visa, you must demonstrate your extraordinary ability by showing evidence of sustained national or international acclaim or a record of extraordinary achievement in the motion picture and television industry. You must be coming to the United States temporarily to continue work with extraordinary ability.
Extraordinary ability in science, education, business, or athletics means a level of expertise indicating that you are one of the small percentages who have risen to the very top of the field.
Extraordinary ability in the arts means distinction. This is shown by a degree of skill and recognition “substantially above” that ordinarily encountered to the extent that you are prominent, renowned, leading, or well-known in the arts field.
To qualify for an O visa in the motion picture or television industry, you must demonstrate a degree of skill and recognition “significantly above” that ordinarily encountered to the extent that you are recognized as outstanding, notable, or leading in the motion picture or television field.
Your assistance must be an “integral part” of the O-1 visa holder’s work to qualify for an O-2 visa, and you must have critical skills and experience that a U.S. worker cannot readily perform. In the case of an O-2 visa holder in the motion picture or television industry, you must have skills and experience with the O-1 visa holder.
These must either be based on a pre-existing long-standing working relationship or because significant production (including pre and post-production work) will take place both inside and outside the United States and your continuing participation is essential to the successful completion of the project.
All O visas will be granted for the time necessary for a particular event or series of events, up to a maximum of three years, with unlimited extensions in one-year increments.
How Do I Obtain an O-1 Visa?
A person cannot apply for an O-1 visa on their own behalf. A U.S. employer, U.S. agent, or foreign employer through a U.S. agent will file on your behalf, along with the required evidence according to the form instructions. Your employer or agent cannot file the petition more than one year before they need your services. On the other hand, to avoid delays, your employer or agent should file your Form I-129 at least 45 days before the event date.
An O-1 or O-2 beneficiary may work for more than one employer simultaneously. When the beneficiary works for more than one employer, each employer must file a separate petition along with the required documentation and fees. An established agent can combine the information for all employers into one petition.
In addition to USCIS petition Form I-129, the petitioner must submit the following documentary evidence:
Consultation
The employer or agent must provide a written advisory opinion from a peer group (including labor organizations) or someone with expertise in your area of ability. If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an “appropriate labor union” and a management organization with expertise in your area of ability.
Affidavits written by present or former employers or recognized experts certifying your recognition and extraordinary ability or extraordinary achievement must specifically describe your recognition and ability or achievement in factual terms and set forth the expertise of the affiant and how the affiant acquired such information.
Exceptions to the Consultation Requirement
If your employer or agent can demonstrate that an appropriate peer group does not exist, then immigration authorities will base their decision on other evidence submitted supporting the petition. For example, they may waive a consultation if you have extraordinary ability in the field of arts and you are seeking readmission to perform similar services within two years of the date of an earlier consultation.
Contract between petitioner and beneficiary
The employer or agent must submit a copy of any written contract with you or a summary of the terms of the oral agreement under which you will be employed. Evidence of an oral agreement may include emails between the parties, a written summation of the terms of the agreement signed by at least one party, or any other evidence that demonstrates that an oral agreement was created. The summary of the oral agreement must contain the terms offered by the employer and the terms accepted by you.
Affidavits, contracts, awards, and similar documentation must reflect the nature of your achievement and be executed by an officer or responsible person employed by the institution, firm, establishment, or organization where the work was performed.
Itineraries
The employer or agent must explain the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of an itinerary, if applicable. There must be an agreement between the dates on the itinerary and the period of validity requested for the visa.
Agents
A U.S. agent may be your actual employer, the representative of both you and the employer, or a person or entity authorized by the employer to act for or in place of, the employer as its agent.
Evidence demonstrating O-1 Eligibility
The employer or agent must provide evidence demonstrating your extraordinary ability in the sciences, arts, business, education, athletics, or extraordinary achievement in the motion picture industry. The record must include at least three different pieces of documentation, and the evidence must, as a whole, demonstrate that you meet the relevant standards for classification.
Do I Need a Lawyer to Apply for an O-1 Visa?
Applying for an O-1 visa is a complex process, requiring the gathering of substantial amounts of evidence. You should contact an attorney if you need help with a visa application. An experienced immigration lawyer in your area can tell you if you fulfill the requirements for an O-1 visa, help you and your employer or agent fill out the necessary paperwork, and explain the process of obtaining an O-1 visa or any other visa that might apply to your situation.
A lawyer can also help you obtain an O-3 visa if you are entering the country on an O-1 visa and wish to bring along your spouse and dependent children. They can also keep you updated if there are any changes to immigration laws that might affect your rights.
