🏅 O-1 Visa: For Individuals with Extraordinary Ability or Achievement
The O-1 nonimmigrant visa is for individuals who have extraordinary ability in the sciences, arts, education, business, or athletics—or a record of extraordinary achievement in the motion picture or television industry. The applicant must be nationally or internationally recognized and coming to the U.S. temporarily to work in their area of expertise.
🎓 What Qualifies as “Extraordinary Ability”?
In Science, Education, Business, or Athletics:
The individual must be among the top few percent in their field—recognized as having risen to the very top of their profession.
In the Arts:
The standard is “distinction,” meaning a high level of achievement and recognition above the ordinary, such that the person is renowned, prominent, or well-known in the arts.
In Motion Picture or Television:
The individual must show a degree of skill and recognition significantly above the norm, such that they are outstanding, notable, or a leading figure in the industry.
📋 Basic O-1 Visa Requirements
To qualify, the individual must present either:
- A major, internationally recognized award (e.g., a Nobel Prize), OR
- Evidence of at least 3 of the following:
- Nationally or internationally recognized awards for excellence
- Membership in associations that require outstanding achievement
- Published material in major media or professional publications about the applicant and their work
- Original contributions of major significance in their field
- Authorship of scholarly articles in professional journals or major media
- High salary or remuneration compared to others in the field
- Serving as a judge or panelist evaluating the work of others
- Employment in a critical or essential role at a reputable organization
⚠️ If these criteria don’t clearly apply to your field, the petitioner may submit comparable evidence to demonstrate extraordinary ability.
🗣 Required Peer Group Consultation
A written advisory opinion is generally required from a peer group (such as a labor union or professional organization) with expertise in the applicant’s field.
- For O-1 petitions in the film/TV industry, the consultation must come from both:
- An appropriate labor union, and
- A management organization in the field
Exceptions:
- If no peer group exists, USCIS may decide the case based on the evidence submitted.
- Waivers are available if the beneficiary is returning to perform similar services within 2 years of a prior O-1 approval. In that case, the petitioner should submit:
- A copy of the previous consultation
- A formal waiver request