O-1 VISA

The O-1 nonimmigrant visa category applies to foreigners 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.

An O-1 visa may be valid for the period necessary to accomplish the event or activity, up to three (3) years initially. It may be renewed year by year without limit.

The O-2 Visa is available for the same duration to accompanying foreign persons who are coming to assist in the artistic or athletic performance of a foreigner of extraordinary ability.

A spouse and unmarried minor children of a foreigner who hold an O-1 visa are eligible for O-3 visas, which permit them to travel in and out and reside and study while in the United States, but not accept employment, during the time period of the principal's O-1 Visa.

All O Visa beneficiaries, whether principals or supporting personnel, must maintain a residence abroad that he or she does not intend to abandon.

Eligibility. 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 person has reached a level of expertise or skill indicating that he/she is one of a small percentage who have risen to the top of his/her field of endeavor. This standard is more strictly applied to athletes, businessmen, educators and scientists than it is for artists and entertainers.

The Services. O-1 Visa requires that an employer or agent file the INS petition. The petition must show that the offered work requires the services of an individual with extraordinary ability.

O-1 Visa in the Arts: Music, Visual Arts, Fine Arts, etc.

''Arts'' is any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, music, culinary arts, and performing arts. Persons engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, stage technicians, and animal trainers.

The O-1 petitions for foreign persons of extraordinary ability in the arts may be granted only after ''consultation'' with an appropriate labor union or peer group.

The O-1 petition in the arts must establish that the foreign person is an individual with extraordinary ability. Foreign persons of extraordinary ability in the arts must demonstrate prominence and distinction, a separate and lower standard than that applicable to other O-1 beneficiaries.

Evidence. The petition must include documentation that demonstrates sustained national or international acclaim and recognition, or receipt of a major internationally-recognized award, or by a combination of 3 or more types of evidence, such as that the foreign artist: 1) plays a lead or starring participant in distinguished productions or events 2) or for distinguished organizations, 3) has received major critical reviews, interviews or other published materials in major media, 4) has had major commercial or critically acclaimed successes, 5) has received significant recognition for achievements from recognized experts in the field, 6) commands high earnings, or 7) other comparable evidence

O-1 Visa in the Arts: Motion Pictures and Television. O-1 petitions for foreign persons of extraordinary achievement in film and television may be granted only after consultation with an appropriate labor and a management organization.

Individuals in this industry are held to a slightly different standard than others applying for an O-1 visa. They must document "extraordinary achievement" through a demonstrated record of "distinction" or prominence, meaning a high level of achievement and skill substantially above that ordinarily encountered to the extent that the foreign person described as prominent is renowned, leading, or well-known in the field.

A record of extraordinary achievement is demonstrated by similar evidence as listed in Evidence above.

For O-1 Visa in Athletics, Science, Business or Education, the petition must include three (3) of the following types of evidence: 1) nationally or internationally recognized prizes or awards for excellence, 2) membership in associations in the field which require outstanding achievements as judged by recognized international experts, 3) Published material in professional or trade publications or newsletters about the foreign person and his work, 4) Participation on a panel, or individually, as a judge of the work of others in the field or an allied field, 5) Original scientific or scholarly research contributions of major significance, 6) High earnings for services, 7) or comparable evidence .