To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement in motion picture and television productions, which means a very high level of accomplishment in the motion picture or television industry as evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

Under the O-1A visa category, “extraordinary ability” means one of a small percentage who has risen to the very top of their field.  This can be shown by the following:

1. Receipt of a major, internationally-recognized award (i.e. Nobel Prize); OR

2. At least 3 of the following:

• Receipt of nationally- or internationally-recognized prize/s or award/s
• Membership/s that require outstanding achievements as judged by experts
• Published material in professional or major trade publications, newspapers or other major media
• Original scientific, scholarly or business-related contributions of major significance
• Authorship of articles in professional journals or other major media
• High salary or other remuneration for services
• Judged the work of others (on a panel or individually)
• Employment in a critical or essential capacity for distinguished and reputable organizations
• Comparable evidence establishing eligibility

Under the O-1B visa category, the individual must possess “extraordinary ability” by sustained national or international acclaim in the arts or have demonstrated “extraordinary achievement” in the motion picture or television industry.

O-1B (arts)

For the arts, the individual must show that he/she has acquired “distinction” in his/her artistic field. Under the O-1B visa category, “distinction” means “a high level of achievement as evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is described as prominent, leading, or well-known in the field of arts.”

O-1B (motion picture and television industry)

For the motion picture and television industry, the standard is higher and the individual must show that he/she reached a “very high level of accomplishment as evidenced by a degree of skill and recognition significantly above that ordinarily encountered” and that he/she is “outstanding, notable or leading.”

While the standards for the arts and the motion picture and television industry are different, the evidentiary criteria are the same and can be shown by the following:

1. Receipt of a major, national, or international award (i.e. Academy Award, Emmy, Grammy, Director Guild Award) OR

2. At least 3 of the following:

• • • Performed and/or will perform in a lead, starring or critical role in reputable productions or events
    • Achieved national or international recognition for achievements  as shown by critical reviews/published materials
    • Record of major commercial or critically acclaimed successes as shown by title, rating or standing in the field, box office receipts, record/album/video sales, motion picture/television ratings, achievements reported in trade journals or major newspapers/publications
    • Received significant recognition for achievements from organization, critics, or other experts in the field
    • High salary or other significantly high remuneration for services in relation to others in the field
    • Comparable evidence establishing eligibility (not available for those in the motion picture industry)
    • Consultation/Advisory Opinion: written opinion from peer group or expert 

A consultation is a written advisory opinion from a peer group or an expert in the relevant field.

Motion Picture / Television

The consultation must come from an appropriate labor union and a management organization with expertise in the relevant field.  It should consent to the offered employment, confirm the individual meets the relevant standard of extraordinary, whether a longstanding relationship exists, and if relevant, whether O-2 support personnel’s presence is necessary.

All other O-1 visas

The consultation must come from an appropriate union and consent to the offered employment (if applicable), confirm the individual meets the relevant standard of extraordinary and discuss the duties to be performed. (Note: O-2 visas for Support Personnel must have a written advisory opinion from appropriate unions describing their necessity to the O-1 visa holder.)

Consultation may be waived if

• No appropriate union exists (under 8 CFR §214.2)
  • In its place, evidence that there is no appropriate union must be submitted.
  • However, advisory opinion letters from peers may, and should, be submitted since it is still favorable evidence.
• Individual has previously been granted O-1B (arts) status and is returning to the U.S. to perform similar services within 2 years of obtaining a previous consultation.

Notes

• Positive advisory opinions should specifically acknowledge the individual’s abilities and experience in addition to stating there is “no objection” to the employment.
• Negative advisory opinions must contain a specific statement of facts that reach the conclusion of “why negative”.

1. Petitioner: copy of contract between O-1 Petitioner and Beneficiary.

An O-1 visa must be filed by a U.S. Employer, a U.S. Agent, or a foreign employer through a U.S. Agent. A U.S. Employer is the O-1 Petitioner when the O-1 beneficiary will only work for that employer. If a beneficiary will work for more than one U.S. Employer or a foreign employer, then a U.S. Agent should serve as the O-1 Petitioner. The type of evidence required depends upon which type of Petitioner/Agent is filing the O-1 visa. For these purposes, an “Agent” as Petitioner is not necessarily an agent by definition; but, rather, someone in the beneficiary’s field willing to “sponsor” the beneficiary for the duration of the O-1 visa.

Agent as Petitioner

A U.S. agent may be:

• The beneficiary’s actual employer; or
• The representative of both the employer and beneficiary; or
• A person or entity authorized by the employer to act for, or in place of, the employer as its agent.

Agent for Multiple Employers

To act as Agent for multiple employers, the Agent must establish that it is authorized to act as an agent for each employer and must provide:

• Supporting documents of all events
• Names and addresses of all represented employers
• Names and addresses of performance locations
• Contracts between each employer and the beneficiary summarizing the terms of the employment, including specific details re: compensation, services to be provided, the location where the work will take place and the dates of the services
• Explanation of the terms and conditions of the employment

Agent Performing the Function of an Employer

To file as the Agent performing the function of an employer, the Agent must establish that it has a level of control over the beneficiary’s work and must provide:

• Written contract or summary of the terms of the oral agreement between the Agent and beneficiary which specifies the wage offered, the type of working relationship they have and other terms and conditions of employment
• An itinerary summarizing the type of work the beneficiary will be engaged, where, and when this work will take place.
• The contractual agreement should establish the type of working relationship between the agent and beneficiary and should clearly lay out how the beneficiary will be paid.   In totality, if the terms and conditions of employment show a level of control over the beneficiary’s work being relinquished to the agent, then the agent may establish that it is performing the function of an employer.   This determination will be on a case by case basis and will be based on the contractual agreement, whether written or oral.

Agent for Foreign Employers

USCIS does not require additional documentary requirements beyond the following for the agent as the foreign employer is responsible for complying with all provisions.

• Copies of any written contracts or summary of oral agreement between foreign employer and beneficiary
• Explanation of the nature of events of activities, beginning and ending dates, and copy of itinerary
• Written advisory opinion from the appropriate consulting entities

Petitioner

There must be a legally binding Agreement or Contract between the O-1 Petitioner and Beneficiary.  This contract can be an oral contract or a written summary of the terms. Such evidence may include, but is not limited to:

• Emails between the petitioner and beneficiary
• Written summation of the terms of the agreement
• Other evidence that demonstrates an oral agreement was made

The Agreement or Contract must explicitly state what the petitioner is offering and what the beneficiary is accepting to be legally binding.

Itinerary & Validity Period

All O-1 Petitioners must establish that there are events/activities (project, tour, appearance, exhibition, showcase, etc.) in the beneficiary’s field of extraordinary ability for the validity period requested (i.e. a music tour for an O-1 Musician). If the beneficiary will work in multiple locations/perform at multiple venues, an Itinerary with the dates, locations and description of the work/event must be provided. All O-1 Petitions filed by an Agent as the Employer as Petitioner must include an Itinerary — no exceptions. The Itinerary should cover the requested O-1 validity period and should include corroborating evidence (i.e., a contract, invitation letter or email, etc.) for each event on the itinerary.

§ Sec. 214.2(o) Aliens of extraordinary ability

Section 101(a)(15)(O) of Immigration and Nationality Act of 1965

O) An alien who-

(i) has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability; or

(ii)(I) seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under clause (i) for a specific event or events,

(II) is an integral part of such actual performance,

(III)(a) has critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals, or (b) in the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production, and

(IV) has a foreign residence which the alien has no intention of abandoning; or

(iii) is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;

As an O nonimmigrant, the beneficiary may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may only engage in authorized employment during the validity period of the petition.

USCIS may consider an O-1 nonimmigrant to be maintaining status, following cessation of employment, for up to 60 days during the period of petition validity (or other authorized validity period).