O 1: EXTRAORDINARY ABILITY

The O‑1 nonimmigrant visa category provides for the temporary employment of aliens who have “extraordinary ability” in the sciences, arts, education, business or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry.  Extraordinary ability has been defined by the U.S. Citizenship and Immigration Services (the “CIS”) to mean a level of expertise indicating that the alien is one of the small percentage who have risen to the very top of the field of endeavor.

The evidentiary thresholds for O‑1 status are high.  For example, some of the types of evidence the CIS requires to show that an applicant is “extraordinary” include proof that he or she has received a nationally or internationally recognized prize or award for excellence in the applicants’s field of endeavor; articles in professional or major trade publications or major media about the applicant; evidence of authorship of scholarly articles; or similar proof that the applicant and his or her qualifications are “extraordinary.”

Prospective employers of O‑1 aliens of extraordinary ability and their support personnel may request an initial period of stay adequate to accomplish their goals, not to exceed three (3) years.  Extensions of stay, when necessary, may be requested for up to three (3) years at a time.  An accompanying alien who is coming temporarily to the United States to assist in the artistic or athletic performance of the O‑1 alien may seek O‑2 classification.  Spouses and children under 21 years of age are accorded O‑3 status and are not authorized for employment in the United States.