O-1 Nonimmigrant Visas for People of Extraordinary Ability Click for a Printable Version of this Article O-1 NONIMMIGRANT VISAS FOR PEOPLE OF EXTRAORDINARY ABILITY The O-1 nonimmigrant visa category is for aliens having extraordinary ability in the sciences, arts, education, business, athletics or motion picture or television industry. Spouses and children of O-1s are admitted in the non-work eligible O-3 category. Usually, O-1 petitions are processed by the U.S. Citizenship and Immigration Services on an expedited basis. They are successful for fellowship positions at major teaching hospitals, faculty positions and some private jobs, if the selective nature of the position, the reputation of the employer and the top credentials of the candidate can be established. Generally, the person must satisfy at least 3 of 8 (or 3 of 6 in the arts and movie/TV fields) criteria for establishing extraordinary ability for O-1 purposes. J visa holders who are subject to the two-year home residency requirement may receive O-1 classification approval from the USCIS, requiring them to leave the U.S. to obtain the visa stamp at a U.S. consulate before re-entering in O-1 status. The O visa is employer-sponsored and requires a contract or employment agreement or itinerary. The term of employment should be no longer than three years and should stress the word temporary. The initial three-year O may be extended indefinitely in one year increments. The O visa petition must be accompanied by a consultation letter from a recognized peer group such as a professional society stating that they have no objection to the beneficiary obtaining an O-1 visa to work in the United States. O-1s IN SCIENCE, EDUCATION, BUSINESS OR ATHLETICS USCIS regulations at 8 C.F.R. § 214.2(o)(3)(iii) require that to qualify for O-1 classification, an alien must "demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence" of either receipt of a major, internationally recognized award, such as a Nobel Prize, or at least three of the following: Receipt of a lesser nationally or internationally recognized prize for achievement in the field. This could include a medical fellowship, a Fulbright award, or a Caldecott book award. Membership in associations in the field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable. Material published about the alien in major trade publications or other major media. The material must concern the alien’s work in the field. Publications could range from journals specific to the field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. The materials are not limited to print; a story about the alien on "60 Minutes" might also fulfill this requirement. Serving as a judge of others in the alien’s field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. This standard is wide open. Basically, the USCIS will base its judgement of the alien’s contribution on the letters of support that others in the field submit. So letters from recognized authorities in the field who consider the alien’s contributions original and significant will satisfy this requirement. Authorship of scholarly articles in the field. This refers to articles that the alien wrote concerning his or her work rather than material written about the alien by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory. Commanding a high salary in the field. The regulation requires that the alien’s salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player. The contents of these web pages are provided for general informational purposes and do not constitute legal advice for specific cases, which should only be obtained from an attorney. Copyright © 2002 True, Walsh & Miller, LLP. Attorneys at Law The Commons, 202 East State Street, Ithaca, New York 14850 phone: 607-273-4200, fax: 607-272-6694, E-mail: twm@twmlaw.com