An individual is eligible for the O1 visa if they have extraordinary ability in the sciences, arts, education, business, or athletics that can be demonstrated by sustained national or international acclaim.
Additionally, an individual may qualify for the O1 visa if they have a demonstrated record of extraordinary achievement in the motion picture and/or television industry.
All O1 applicants must be coming to the United States temporarily to continue work in their area of extraordinary ability or extraordinary achievement.
Generally, O1 visa holders must have a foreign residency that they intend to return to at the end of the temporary nonimmigrant visa’s term. However, the O1 visa is a dual intent visa, which means that O1 visa holders may apply for a green card at the same time they are applying for an O1 visa or while they are already in the United States on an O1 visa. This allows O1 visa holders to seek permanent residency in the United States even though their initial intent when applying for the O1 visa was to only come to the United States temporarily.
How Can I Know if I am Eligible for the O1 Visa?
The United States Citizenship and Immigration Services (USCIS) considers relatively specific criteria when determining whether an O1 visa applicant is eligible for the visa.
Eligibility criteria differ somewhat depending on whether an individual is applying for an O1 visa based on extraordinary ability in the arts; extraordinary ability in the sciences, education, business, or athletics; or extraordinary achievement in the motion picture and/or television industry.
Eligibility Criteria for Applicants with Extraordinary Ability in the Arts
Applicants with extraordinary ability in the field of arts are eligible for the O1 visa if they are recognized as being prominent in their field of endeavor. O1 visa applicants must be able to prove this by submitting the following evidence to the USCIS:
- 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)
Eligibility Criteria for Applicants with Extraordinary Ability in the Sciences, Education, Business, or Athletics
Applicants with extraordinary ability in the fields of science, education, business, or athletics are eligible for the O1 visa if they have sustained national or international acclaim and recognition for achievements in their field of expertise. O1 visa applicants must be able to prove this by submitting the following evidence to the USCIS:
- 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)
Eligibility Criteria for Applicants with Extraordinary Achievement in the Motion Picture or Television Industry
Applicants with extraordinary achievement in the motion picture or television industry are eligible for the O1 visa if they have a demonstrated record of extraordinary achievement in the motion picture or television industry. O1 visa applicants must be able to prove this by submitting the following evidence to the USCIS:
- 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)
