There are two (2) types of O1- visas. The O-1B visa are nonimmigrant
visas are available to individuals who possesses extraordinary ability either in the sciences, arts, education, business, or athletics (O-1A), 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 (0-1B).
Individuals who will accompany an O-1 artist or athlete, to assist in a specific event or performance can apply for O-2 visas while spouses or children of O-1’s and O-2’s can apply for O-3 visas.
For an O-1A application, evidence showing extraordinary ability either in the sciences, arts, education, business, or athletics must be submitted with the
application, such as evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) 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 national or international experts in the field
Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s 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
On the other hand, O-1B applications must be accompanied by evidence that the beneficiary 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 (3) three of the following:
Performed and 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 beneficiary in major newspapers, trade journals, magazines, or other publications
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.
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 beneficiary is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the beneficiary'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
Comparable evidence maybe submitted in the criteria above is not applicable to the alien’s profession.
In addition, a written consultation or advisory opinion from a peer group must be submitted, if one exists, the contract between the employer and the beneficiary, and itinerary must be submitted together with the application.
Once the visa petition is approved, the beneficiary can apply for visa at a US Embassy or Consulate abroad.
An O-1 visa holder and their O-3 dependents can file for permanent residency while in O status.
At GMA LA LEGAL, we have assisted clients obtain approval of their O-1 petitions and adjustment of status. Call us at (213) 284-5981 for a consultation.