Extraordinary Ability Temporary Work Visas

You may be eligible to obtain a work visa under O-1 category if you are an independent contractor, self-employed, or you work for many employers. You do need a “Petitioner” to sign the forms for these visa categories. However, their qualifications and what these petitioners have to do is not as rigid as the “Employer Petitioners” as explained in the Employment-Sponsored section. Contact us to see if your potential “petitioner” qualifies to sign for your O-1 visa petition.

In support of an O-1 Petition for a Nonimmigrant Worker, the petitioner must establish that the beneficiary:

Has extraordinary ability in the sciences, education, business, or athletics, or arts (O-1B) which has been demonstrated by sustained national or international acclaim;
Has achievements that have been recognized in the field through extensive documentation; and
Is coming to continue work in the area of extraordinary ability (but not necessarily that the particular duties to be performed require someone of such extraordinary ability).

O-1A beneficiary has sustained national or international acclaim and is one of the small percentage who have arisen to the very top of his or her field

The supporting documentation for an O-1A petition must include evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:

Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
Documentation of the beneficiary’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 in professional or major trade publications or major media about the beneficiary, relating to the beneficiary’s work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;
Evidence of the beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;
Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field;
Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media;
Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence.

If these criteria are not readily applicable to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

O-1B (Arts) beneficiary has sustained national or international acclaim and has achieved distinction in the field of arts

It is important to note that the standard for showing extraordinary ability in the arts is “distinction”, which means “a high level of achievement in the field of 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”, a lower standard from the “one of the small percentage who have risen to the very top of his or her field” for the O-1A beneficiary. 8 CFR 214.2(o)(3)(ii).

The supporting documentation for an O-1B (Arts) petition must include evidence that the beneficiary has received, or been nominated for, a significant national or international award in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award) or at least three of the following forms of evidence:

Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
Evidence that the beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;
Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

If these criteria are not readily applicable to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.