O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O-1 Non-immigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements

The O Non-immigrant classification is commonly referred to as:

• O-1 A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures, or television industry).
• O-1 B: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
• O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1 A, the O-2’s assistance must be an “integral part” of the O-1 A’s activity. For an O-1 B, the O-2’s assistance must be “essential” to the completion of the O-1 B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.
• O-3: individuals who are the spouse or children of O-1’s and O-2’s.

Application Process O-1 Visa

The petitioner should file Form I-129, Petition for Nonimmigrant Worker, (see Form I-129, Petition for Nonimmigrant Worker) with the USCIS office listed on the form instructions. The petition may not be filed more than one year before the actual need for the alien's services. To avoid delays, Form I-129 should be filed at least 45 days before the date of employment.

The petitioner must submit Form I-129, Petition for Nonimmigrant Worker, and the following documentary evidence.