O Visa

The O visa is for foreign professionals who have extraordinary ability in their fields, meaning they are at the very top of their field in arts and entertainment, business, science, education and athletics. 

This visa is ideal for artists, scientists, reporters, entrepreneurs, professional competitors, high-end chefs, and other extraordinary leaders within niche industries. 

A qualified applicant will generally receive a three-year authorized period of stay, which is renewable for one- or three-year increments indefinitely.

Primary Eligibility Requirements:

An O applicant must demonstrate extraordinary ability in his or her field of expertise, as demonstrated by sustained national or international acclaim in that field. Carefully documenting and explaining the applicant's abilities is critical to success, as DHS requires a very high standard of proof for these applications.

  • For artists and entertainers, extraordinary ability means distinction, or more specifically "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that normally encountered" so that the applicant is "renown, leading or well-known in the field of arts."

  • Extraordinary ability in the sciences, arts, education, business or athletics extraordinary ability means "a level or expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor."

Regardless of the category, the applicant must submit extensive documentation of his or her status in the field, including news articles, expert letters, and much more.

Artists and Entertainers

There are two ways to demonstrate extraordinary ability for artists and entertainers:

  • The receipt of a well-known, international award such as a Grammy or Oscar OR

  • The applicant must provide extensive proof in at least three of the following categories:

  • The applicant has 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

  • The applicant has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines or other publications

  • The applicant has performed and will perform in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications or testimonials.

  • The applicant 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

  • The applicant has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicated the author's authority, expertise and knowledge of the alien's achievements

  • The applicant has or does command or now commands high salary or other substantial remuneration for services in relation to others in field.

  • Other comparable evidence

Business, Research, Professions and Sports

There are two ways to demonstrate extraordinary ability for businesspersons, scientists, educators and athletes:

  • The receipt of a well-known, international award such as a Nobel Prize OR

  • The applicant must provide extensive proof in at least three of the following categories:

  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field

  • Membership in elite associations which require members to demonstrate outstanding achievements, as judged by recognized experts

  • Published materials in professional or major trade publications or major media about the applicant or concerning his or her work

  • Participation on a panel or individually as a judge of his or her peers in the same field of specialization

  • Original scientific, scholarly or business-related contributions of major significance to the field

  • Publication of scholarly articles in professional journals or other major media

  • Previous or current employment in a critical or essential capacity for organizations with distinguished, well-respected reputations

  • Past or present high salary or remuneration as compared to other experts in the field

  • Other comparable evidence

Examples of Successful Cases that Qualify for an O1

The O-1 visa may be issued for leaders within numerous types of industries. A few examples of successful cases on which we have worked include:

  • Systems Architect

  • Director, Strategic and Global Partnerships

  • Chief Information Designer

  • Computer Engineering and Entrepreneurship

  • Cancer Researcher

  • Research Scientist

  • Quality Assurance Director 

  • Energy Researcher

  • Financial Director

  • International Chess Master 

  • Computer Graphics Artist

  • Opera Singer

  • Actor/Writer

  • Painter

O-1 Visa Holders May Apply for a Green Card

O-1 visa holders who are interested in obtaining a green card may do so. Be sure to ask us about this option during your initial consultation!