Immigration Visa Option: How Your Extraordinary Ability Can Allow You to Work and Live in the U.S.A.

Whatever your reasons may be for considering a move to the U.S.A., your extraordinary achievement in your field of endeavor, whether the arts, business, film, or television among others, may be your immigration related ticket to entry. This immigration opportunity comes to you in the form of an O-1 visa, of which there are two types. The first type, the O-1A visa, is applicable to those persons who have "extraordinary ability" in the fields of science, art, education, business, or athletics. The second category is the O-1B visa, which specifically applies to those persons who have a record of extraordinary achievement in the motion picture or television industry. For this article we will focus on a few of the major immigration related O-1 visa requirements. There are great similarities between the immigration visa requirements for the O-1A and O-1B visa, so this article gives a general overview of both. Note that this article is not to be taken as legal advice, and it is recommended to speak with an immigration attorney such as Attorney Hendrik Pretorius.

So how does one prove that you have reached a demonstrated level of prominence in your field enough to satisfy the immigration processing of an O-1 visa? Well, the immigration regulations are structured in a manner that provides an applicant with two opportunities to qualify. The first, an extremely limited opportunity, requires an applicant to have received recognition for his/her work via a major nationally or internationally recognized award such as an Academy Award, an Emmy, or its equivalent. The other, much more accessible opportunity to qualify for this visa requires an applicant to satisfy at least three of six suggested criteria. Note that although the regulations state that only three of these six need be proven, a well-prepared petition will touch on as many of these six as possible. Let's briefly consider these six in turn:

The beneficiary of an O-1 visa petition must generally evidence, through a variety of possible evidentiary forms that he/she has:

1. Performed and will perform services as a lead or starring participant in a production or event that has a distinguished reputation;
2. Received national or international recognition for achievements (note that this does not have to rise to the level of an Academy Award to be persuasive);
3. Performed or starred in a lead role for an organization that has a distinguished reputation;
4. A record of commercial or critically acclaimed success as evidenced via standing in the field, ratings, reviews, or through others forms of evidence;
5. Received recognition for achievements from organizations, critics, or other experts in the field via testimonials; and/or
6. Commanded or will command a high salary for services in relation to others in the field.

Accordingly, it is clear that a key focus of the O-1 immigration visa petition is to show that your degree of skill and recognition is exceptional and is above that level ordinarily encountered in the field.

The O visa is generally granted to qualifying Beneficiaries for the period of time evidenced in the Beneficiary's itinerary as provided by the petitioning employer or petitioning agent representing numerous individual companies or upcoming events at which the Beneficiary will perform or partake. The maximum period of time that is granted on each initial O-1 visa is three years, although extensions may be applied for with the immigration srevice (USCIS). Note, it is possible to also have an immigrant green card case on file while a person is working in the U.S. on their O visa. This immigration related dual intent is an important feature of the O visa, which is not present with all non-immigrant visa types.