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The O-1 visa is a temporary non immigrant work visa for individuals  who posses "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.  The extraordinary ability must have been demonstrated by “sustained  national or international acclaim.”  The requirement has been  interpreted broadly by the Service to include "any field of endeavor",  including chefs, photographer, craftsmens and  lecturers. 

The  O visa is separated into two different categories and has different  criteria and requirements depending on the type of extraordinary ability  and work to be performed.

The O-1A visa  is intended for those individuals with extraordinary ability in the  sciences, education, business, or athletics ( not including those  working in the arts, motion pictures or television industry.)

The O-1B visa  is for those individuals who will work in the arts, motion picture or  television industry who can show a demonstrated record of distinction in  the arts or extraordinary achievement in the motion picture or  television industry.

O Visa  recognizes "dual intent". There is nor foreign residence requirement but  must have temporary intent to remain. O visa holders may apply for  permanent residence without jeopardizing his status.

Applicant  must demonstrate that he possess extraordinary ability in the arts,  sciences, business, education, athletics, or the motion picture or  television industry.  Applicant must show that he has achieved sustained  or international acclaim.  Applicant must be coming to the United  States to perform temporary services for a U.S. employer relating to an  event or events.

Extraordinary  ability in the science, education, business and Athletics means a level  of expertise showing that the applicant is one  of a small percentage  who have arisen to the very top of his field.  

Extraordinary  ability in the arts means "distinction". A high level of achievement in  the field of arts evidenced by a degree of skill and recognition  substantially above that ordinarily encountered.

O-1 visa holders  must be entering the United States to perform temporary services for an  American employer or an agent of an international employer.  You must  be entering the United States to participate in a specific event or  events which require your expertise. The petition may not be filed more  than six months before the services are needed.

The  O-1 visa petition requires specific evidence of the qualifications and  international recognition of your extraordinary ability. 

A.  In the science, education, business and athletics:  Applicant may prove  sustained national or international acclaim by receipt of a major  internationally-recognized award, such as a Nobel Prize.  Applicant can  also document at least three of the following:

• Internationally or nationally recognized prizes or awards;
  
• Published material about your work;
  
• Membership in an association that requires members to have outstanding achievement;
  
• Original scientific, scholarly, or business-related contributions of major significance in the field;
  
• Authorship of scholarly articles published in any type of major media or professional journals;
  
• High salary or any other type of compensation;
  
• Participation on a panel, or as a judge for other people’s works;
  
• Evidence of past employment for organizations or establishments that have a high reputation.
  

B.  Distinction in the Arts: Applicant must prove prominence in the field  by being nominated for or the recipient of a significant international  or national award or prize such as an Academy Award. Applicant may  document at least three of the following:

• Lead in production having a distinguished reputation.
  
• Critical reviews in major newspapers or trade journals.
  
• Lead for organizations that has a distinguish reputation.
  
• Record of major commercial  or critically acclaimed successes.
  
• Significant recognition from organizations, critics, government agencies or other recognized experts in the field.
  
• Has commanded or will command a high salary.
  

 C.  Extraordinary Achievement in Motion Picture or TV Industry: Applicant  needs to show that he has received or been nominated for significant  national or international awards such as Emmy, Grammy or similar or  three of the following:

• Performed or 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, publication, contracts or  endorsement.
  
• Achieved national or international recognition for achievements.
  
• Performed  or will perform in a lead, starring or critical role for organizations  and establishments that have a distinguish reputation.
  
• A record of major commercial or critically acclaim successes.
  
• Received  significant recognition for achievements from organizations, critics,  government agencies or other recognized experts on the field
  
• A high salary or other substantial remuneration for services in relation to others in the field
  

Applicant may submit comparable evidence in order to establish your eligibility.

You  will also need to provide a contract between you and your employer that  describes the terms and conditions of services to be performed, or a  summary of the terms of an oral agreement.  For specific events, you  should provide a specific itinerary showing the schedule and ending date  of events.

An  O-1 visa may be granted for up to three years.  O-1 visa status may be  renewed in one year increments, or until the project is finished.

Applicant  cannot apply for an O visa on his own behalf.  Generally, the employer  must petition for the status with the U.S. Citizenship and Immigration  Services.  Applicant can also file through a U.S. agent.  This process  is often used when you will work for multiple employers in the United  States.  Once the petition is approved, you must then apply for an O-1  visa at a U.S. embassy or consulate.

Here you will find answers to all your questions related to this  entrepreneurial visa. We have created a comprehensive resource with a  lot of information. Please be advise that this information is not legal  advise, if you are looking into applying for this visa, book a  consultation and attorney Cabrera will discuss with you the specifics of  your case and answer all questions you may have.
 

Foreign nationals who are accompanying  an O-1 visa holder and assisting in the performance may be able to  obtain an O-2 visa.  To qualify for an O-2 visa, the assistant must meet  the following requirements: 

• Be an integral part of the actual performance;
  
• Have critical skills and experience that cannot be performed by others;
  

In television and motion pictures, have a long-standing working relationship with the O-1 alien.  

The  petition must include evidence to establish the applicant’s essential  role, and that they have skills and experience not possessed by an  immediately available US worker. 

 Spouses and children of an O-1 visa holder are eligible for admission to  the United States in O-3 status.  Dependents need to show proof of the  family relationship. Dependents may not engage in employment, but may  attend school or college. 

*The information contained herein is intended for general informational purposes only. It is not intended for legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Government processing times may change at any time. For current USCIS processing times contact USCIS directly.