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The Individuals of Extraordinary Ability or Achievement (O-1) category accommodates a wide range of talented or acclaimed foreign nationals. It is a useful and flexible alternative to the H-1B program because there is no prevailing wage requirement, no limit on time in this status, and no cap. There are several types of O-1 beneficiaries as described below:
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Scientists, educators, business persons, and athletes
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O-1 beneficiaries in the sciences, education, business, or athletes must have extraordinary ability as demonstrated by sustained national or international acclaim. Extraordinary ability in science, education, business or athletics is defined as "a level of expertise indicating that the person is one of the small percentages who have arisen to the very top of the field of endeavor." Sustained national or international acclaim may be proved through the receipt of a major internationally recognized award such as the Nobel Prize, or documenting at least 3 of the following criteria:
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- receipt of nationally or internationally recognized awards;
- membership in organization that requires outstanding achievement;
- published materials about the applicant in professional or major trade publications;
- judgment of the work of others;
- original scientific or scholarly work of major significance in his or her field;
- evidence of authorship of scholarly work;
- evidence that s/he has been employed in a critical or essential capacity at an organization with a distinguished reputation;
- has commanded or will command a high salary in relation to others in the field.
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Artists
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O-1 beneficiaries in arts must have extraordinary ability demonstrated by sustained national or international acclaim. Extraordinary ability in the arts means "distinction," which is defined as “a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered …” Prominence can be proved through evidence on being nominated for or the recipient of a significant international or national award or prize, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or by documenting at least 3 of the following criteria:
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- lead in production having a distinguished reputation;
- critical reviews in major newspapers or trade journals;
- lead for organization that has a distinguished 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.
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In addition, artists who seek entry in connection with the motion picture and television production need to show “extraordinary achievement,” defined as "a very high level of accomplishment in the motion picture or TV industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered."
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| Advisory Opinions |
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An O-1 petition must be supported by a written advisory opinion from an appropriate union. The advisory opinion describes the O-1 beneficiary’s ability and achievements in the field and the duties to be performed. Opinions from any expert source can also be submitted. The advisory opinion requirement can be waived if it can be shown that no appropriate union exists.
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Dual Intent
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There is no foreign residence requirement for O-1 aliens. O-1 beneficiaries and dependents may seek permanent residence without jeopardizing their status.
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Want to find out whether you are qualified for O-1? Please send your resume to us for a free evaluation.
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