How Difficult is it to Get an O1 Visa?
The O1 visa is not an easy visa to receive. Generally, temporary employment visas can be tricky to get for a variety of reasons, including that some visas are subject to an annual limit and/or have very strict or specific eligibility or evidentiary requirements. While the O1 visa is not subject to annual cap, it does have very strict and specific eligibility and evidentiary requirements. This is because the O1 visa is reserved for individuals who can demonstrate an extraordinary ability or extraordinary achievement in their field of work.
What Makes the O1 Visa Difficult to Receive?
Simply put, the O1 visa has some of the strictest requirements that applicants must meet in order to qualify for the visa. This is because “extraordinary ability” or “extraordinary achievement” truly mean extraordinary, whether the applicant is in the sciences, arts, education, business, athletics, or motion picture or television industry. Applicants for the O1 visa must be able to demonstrate through specific evidence that they qualify as extraordinary in their field, including an assessment by experts or other professional groups in their field that an applicant is indeed “extraordinary.”
Why is it Difficult to Prove Extraordinary Ability or Achievement?
The requirements to prove extraordinary ability or achievement are strenuous. The United States Citizenship and Immigration Services (USCIS) defines extraordinary ability as distinction, or a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. 8 CFR 214.2(o)(3)(ii) “Extraordinary ability in the field of arts”.
All O1 applicants must be able to demonstrate to the USCIS that they have distinction in their field by demonstrating their sustained national or international acclaim. Proving distinction requires applicants to submit extensive evidence that is difficult to obtain unless an applicant is truly extraordinary in their field.
How Difficult is it to Meet the O1 Visa’s Evidentiary Requirements?
The evidence required to qualify for an O1 visa is both extensive and exclusive. For example, O1 applicants who have been awarded nationally or internationally recognized awards, such as a Nobel Prize or Academy Award (Oscar) will generally require less evidence than other applicants; however, these are very exclusive awards.
Even if an applicant has obtained an exclusive award like a Nobel Prize, they must still provide to the USCIS an advisory opinion from a U.S. peer group, labor organization, management organization, or person(s) with expertise in their field who can vouch for the applicant’s extraordinary ability or achievement.
Applicants who do not have a nationally or internationally recognized award as part of their evidence of extraordinary ability or achievement must submit a higher volume of evidence to prove they qualify for the O1 visa, along with an advisory opinion as well.
What are the Evidentiary Requirements for the O1 Visa?
The evidentiary requirements for the O1 visa are very strict and specific, regardless of whether an applicant professes to have extraordinary ability in the arts, science, education, business, or athletics or extraordinary achievement in the motion picture and television industry.
An overview of the evidentiary requirements for all O1 applicants is shown below:
Written Advisory Opinion from Appropriate Consulting Entity or Entities
All O1 visa applicants must submit a written advisory opinion from an appropriate U.S. peer group, labor organization, management organization, or person(s) with expertise in their field. The advisory opinion must be submitted with the O1 visa petition. The written advisory opinion will address the nature of the work to be done and the applicant’s qualifications. 8 CFR 214.2(o)(5)
Specific Evidence to Prove Extraordinary Ability in Arts
Applicants with extraordinary ability in the field of arts must demonstrate through the following evidence that they are recognized as being prominent in their field of endeavor:
- Evidence that the applicant has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; or
- At least three of the following forms of documentation:
- Evidence that 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;
- Evidence that 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;
- Evidence that 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;
- Evidence that 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;
- Evidence that the applicant has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the applicant is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the applicants achievements; or
- Evidence that the applicant has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence; or
- If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility. 8 CFR 214.2(o)(3)(iv)(A)(B)
Specific Evidence to Prove Extraordinary Ability in the Fields of Science, Education, Business, or Athletics
Applicants with extraordinary ability in the fields of science, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in their field of expertise.
They must do so by providing evidence of:
- Receipt of a major, internationally recognized award, such as the Nobel Prize; or
- At least three of the following forms of documentation:
- Documentation of the applicant’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Documentation of the applicant’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
- Published material in professional or major trade publications or major media about the applicant, relating to the applicant’s work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
- Evidence of the applicant’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
- Evidence of the applicant’s original scientific, scholarly, or business-related contributions of major significance in the field;
- Evidence of the applicant’s authorship of scholarly articles in the field, in professional journals, or other major media;
- Evidence that the applicant has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
- Evidence that the applicant has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
- If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility. 8 CFR 214.2(o)(3)(iii)(A)(B)
Specific Evidence to Prove Extraordinary Achievement in the Motion Picture or Television Industry
Applicants with extraordinary achievement in the motion picture or television industry must be recognized as having a demonstrated record of extraordinary achievement as evidenced by the following:
- Evidence that the applicant has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; or
- At least three of the following forms of documentation:
- Evidence that 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;
- Evidence that 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;
- Evidence that 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;
- Evidence that 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 picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
- Evidence that the applicant has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the applicant is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the applicant’s achievements; or
- Evidence that the applicant has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence. 8 CFR 214.2(o)(3)(iv)(A)(B)
