Immigration Basics Series: O-1 Extraordinary Ability
The O-1 visa is a nonimmigrant work visa reserved for those who have distinguished themselves through extraordinary achievements in the areas of science, art, education, business, or athletics. It allows foreign nationals with demonstrated national or international recognition in these fields to work in the United States for a short-term basis. Foreign nationals in science, education, business, or athletics receive O-1A visas, while those in the arts or in the motion picture and television industry receive O-1B visas.
O-1 Visa Eligibility
The O-1 petitioner has to be a U.S. business/organization, or a U.S. citizen/permanent resident agent. Although most O-1 visa beneficiaries typically work as part-time or full-time employees of a company, they sometimes may also work on an itinerary of events as independent contractors. In the latter scenario, a U.S. citizen or permanent resident who has agreed to sponsor the beneficiary may serve as the agent of the foreign national.
As stated, the qualifying O-1 worker must possess extraordinary ability in his or her field of work. This typically entails that his or her work has been recognized nationally or internationally. Such forms of recognition must show that the individual has distinguished himself from others in his field, i.e. that the beneficiary belongs to a small percentage of individuals whose work exhibit a level of quality far in excess of what is ordinarily encountered among peers.
The qualifying position of employment must fall within the area of extraordinary ability possessed by the beneficiary. If the beneficiary is self-employed, this term of employment must consist of an itinerary of events arranged and agreed upon in advance.
O-1 Visa Approval Period
Initial approval: conditioned upon length of employment or itinerary, for up to 3 years
Extensions: 1-year increments (3-year increments are possible in certain situations)
No limit on the overall period of stay
Dependents
The spouse of the O-1 beneficiary, as well as any unmarried children under 21 years of age, may accompany the principal visa holder in O-3 status. O-3 family members are permitted to study in the U.S. but are not able to engage in any form of employment.
Costs
USCIS Filing Fee: $460; Filing Fee with U.S. Consular Post (not applicable for extensions/changes of status): $190.
Ancillary costs: government expedite fees, degree evaluations and translation fees (if applicable).