The O-1 Visa

The O-1 visa is a non-immigrant visa intended for individuals in the fields of science, art, education, business, athletics, or television and film who have extraordinary ability.

Eligibility Criteria for Extraordinary Ability in Science or Art

1. Extraordinary Ability: The applicant must demonstrate extraordinary ability in their field. This can be demonstrated by showing evidence of a major international award such as a Nobel Prize, or by meeting at least three of the following criteria:
   • Receipt of a lesser nationally or internationally recognized prize or award for excellence
   • Membership in associations in the field which require outstanding achievements of their members
   • Published material in professional or major trade publications or major media about the applicant and his/her work
   • Evidence of participation as a judge of the work of others
   • Evidence of original scientific, scholarly, or business-related contributions of major significance
   • Authorship of scholarly articles in the field, in professional journals or other major media
   • Display of the applicant’s work in exhibitions or showcases
   • Evidence of performance in a leading or critical role for organizations or establishments that have a distinguished reputation
2. Job Offer: The applicant must have a job offer from a U.S. employer in their field of expertise.
3. Essentiality: The applicant must demonstrate that they are essential to the success of the project and that their skills cannot be readily duplicated by a U.S. worker.
4. Duration: The visa is granted for up to three years, with the possibility of extensions.
5. Application Process: The applicant must submit a petition to the United States Citizenship and Immigration Service (USCIS), with evidence demonstrating eligibility for the visa.

It is important to note that the O-1 visa is a highly selective visa, and the eligibility criteria are strict. Applicants should ensure that they have sufficient evidence of extraordinary ability in their field, as well as a strong job offer and essentiality to the project. It is recommended to seek the assistance of an experienced immigration attorney to guide the applicant through the application process and to address any potential limitations or exceptions to the eligibility criteria.