The O non-immigrant visa category applies to aliens of extraordinary ability in the arts, athletics, sciences, education, business, or the motion picture or television industry who are coming to the United States to perform temporary services relating to an event or events. It is also available to accompanying aliens who are coming to assist in the artistic or athletic performance of an alien of extraordinary ability.
Who is Eligible?
A foreign national who has extraordinary ability in the arts, athletics, sciences, education, or business, and is coming to the United States temporarily to perform services for a U.S. employer in his/her area of expertise may be granted an O-1 visa. “Extraordinary ability” means that the alien has reached a level of expertise indicating that he/she is one of a small percentage who have risen to the very top of his/her field of endeavor. Also, the position the alien is coming to fill must require the services of an individual of extraordinary ability.
The “arts” may also include aliens in the motion picture or television industry. To qualify for an O-1 visa, individuals in this industry are held to a slightly different standard that others applying for an O-1 visa. They must document “extraordinary achievement” through a demonstrated record of “distinction” or prominent. “Distinction” means a high level of achievement and skill substantially above that ordinarily encountered to the extent that the alien described as prominent is renowned, leading, or well-known in the field.
Duration of Visa
An O-1 visa may be valid for the period necessary to accomplish the event or activity, but must not exceed three years.
Status of Spouse and Minor Children
A spouse and unmarried minor children of an alien who holds an O-1 visa are eligible for O-3 visas. They may not accept employment while in the United States while on an O-3 visa.
Call our office at 1-877-440-4-USA for more information on the O-Visa program.