Tourist & Student Visa Plan : Extraordinary Ability O-1 visa

International Visitor Program J1 visa

The J1 is a non-immigrant visa issued to a person participating in a United States Exchange Visitor Program, or EVP. The International Visitor is one of the 15 categories of the EVP.

The EVP is among the most diverse visas for going to the United States and is designed to enable non-Americans to travel within the United States and study or work there as a sponsored exchange visitor while immersing themselves in the local culture. The visionary EVP was created to foster greater understanding between the United States and other countries through short-term educational and cultural exchanges.

Over 550,000 persons representing 200 countries and territories visited the United States under the aegis of the J1 Exchange Visitor Program every year before the Covid-19 pandemic. Currently California hosts the largest number of exchange visitors, followed by New York and Florida. Physicianationally, China, Great Britain and Germany are the top three countries from where J1 visa holders come.

What is the Extraordinary Ability O-1?

If you happen to be an individual with extraordinary abilities or talent in the sciences, the arts, education, business or athletics, or if you have extraordinary
achievements in the film or TV industry, recognized nationally or internationally, then the O-1 (that’s alphabet ‘O’ and number 1) visa might be exactly what you need.

There are four kinds of O non-immigrant visas —

O-1A: This is given to persons who have shown extraordinary ability in the sciences, education, business or athletics. The arts, film and TV industry are not included here.

O-1B: This is given to persons who have shown extraordinary ability in the arts or have a record of extraordinary achievement in film or TV industries.

O-2: Persons who will accompany an O-1 artist or athlete to assist in a specific event or performance will receive an O-2 visa if they are found to meet the qualifications.

O-3: This visa is given to the spouse or children of O-1 and O-2 visa holders.

In 2019, a total of 17,751 O-1  visas were issued. In addition, 8,743 persons received O-2 visas, and an additional 5,337 persons received O-3 visas. 

What kind of people typically qualify for the O-1 visa? Some examples are —

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What is the Extraordinary Ability O-1?

If you happen to be an individual with extraordinary abilities or talent in the sciences, the arts, education, business or athletics, or if you have extraordinary
achievements in the film or TV industry, recognized nationally or internationally, then the O-1 (that’s alphabet ‘O’ and number 1) visa might be exactly what you need.

There are four kinds of O non-immigrant visas —

O-1A: This is given to persons who have shown extraordinary ability in the sciences, education, business or athletics. The arts, film and TV industry are not included here.

O-1B: This is given to persons who have shown extraordinary ability in the arts or have a record of extraordinary achievement in film or TV industries.

O-2: Persons who will accompany an O-1 artist or athlete to assist in a specific event or performance will receive an O-2 visa if they are found to meet the qualifications.

O-3: This visa is given to the spouse or children of O-1 and O-2 visa holders.

In 2019, a total of 17,751 O-1  visas were issued. In addition, 8,743 persons received O-2 visas, and an additional 5,337 persons received O-3 visas. 

What kind of people typically qualify for the O-1 visa? Some examples are —

Who is eligible for an O-1 visa?

The O visa is authorized and defined in the US Immigration and Nationality Act (INA). The INA makes a distinction between ability and achievement and sets forth clear criteria for each. If your field is in the sciences, education, business or athletics, you will have to establish ‘extraordinary ability’ according to certain criteria, and if successful, will receive a O-1A visa.

If your field is in the arts — which is defined as any creative endeavor and includes the Fine Arts, the Visual arts, the Culinary Arts and the Performing Arts — then you must establish ‘extraordinary ability’ and distinction according to certain criteria, and if successful, will receive an O-1B visa.

If you belong to the Film and TV industry in any capacity, you will need to establish ‘extraordinary achievement’ in your field according to certain criteria, and if successful, will also receive an O-1B visa.

How do you establish extraordinary ‘ability’ or ‘achievement’?

There are 8 criteria for O1-A visa and 6 for the O-1B visa to qualify as an individual of ‘extraordinary ability’. To qualify for the visa, you must meet at least 3 of these criteria in each visa.

O-1A visa criteria for ‘extraordinary ability’

You should be able to show that you have received a major, internationally recognized award such as a Nobel Prize, or evidence of at least three of the following:

1. Prizes such as an Olympic Medal, a Pulitzer Prize, Field’s Medal, Nobel Prize or other major international awards. An award may not be at the level of a ‘major, internationally-recognized award’ but may still count towards demonstrating ‘extraordinary ability’.
2. Membership in associations that only accept members with outstanding achievements as judged by recognized national or international experts in the field. An association that you can join by paying a membership fee will not be enough.
3. Published material in professional or major trade publications, newspapers or other major media about you and your work in your field. Bear in mind that if the publication is not very well known, you may be asked to show certified circulation or other data to prove that it is indeed a ‘major’ publication.
4. Original scientific, scholarly, or business-related contributions of major significance in the field. The work you present as yours must be  original and substantially yours and must have been widely purchased, cited, implemented or had other clearly significant effects on your field. A new style of graphic illustration that has become popular, a scientific or medical discovery, or an innovative industrial production technique are some examples of this.
5. Authorship of scholarly articles in professional journals or other major media in your field of distinction. The article must be related to your work and be intended for a specialist audience.
6. A high salary or other remuneration for services can also be presented as evidence of ability. Documentary evidence will be required, of course, and ‘other remuneration’ may include almost anything from diamonds to stock options as long its value can be ascertained. 
7. Participation as a judge, either individually or on a panel, of the work of others in your field of ability. If you’ve judged an art show, cooking competition or even served on a dissertation committee, you could qualify. The specific event in which you were a judge does not have to be major or widely known.
8. Employment in a critical or essential capacity for distinguished organizations and establishments. You should have played a crucial, really important role in the organization, such as CEO or President. If you did not occupy a leadership position but were behind an invention or idea that led the company to great success.

O-1B visa criteria for ‘extraordinary achievement’

You should be able to show that you have received or been nominated for national or international awards or prizes in your field, such as an Academy Award, an Emmy, a Grammy or Director’s Guild Award. Failing these, you should furnish evidence of at least three of the following —

1. You have performed and will perform as the lead or starring participant in high-profile, well-known productions or events. Critical reviews, advertisements, publicity releases, publications, contracts and endorsements can help establish the profile of the event. Also, you may be asked to support your claim of being in a leading or starring role.
2. You have achieved national or international recognition for achievements. Once again, you will need to show critical reviews or other published materials by you or about you in major newspapers, trade journals, magazines, or websites.
3. You have performed and will perform in a lead or starring role for distinguished organizations and establishments. To prove that the organizations are indeed distinguished, you may need to show articles about them in newspapers, trade journals, publications, or testimonials.

Examples of this criterion would be a lead actor who performs every night at a historic theater, a producer or director at a renowned movie studio, a conductor of a reputed philharmonic orchestra or the head chef of an award-winning restaurant. 

4. You have a glowing record of successes, either commercial or critically acclaimed, provable by indicators such as title, rating or standing in the field, box office receipts, TV ratings and other occupational achievements reported in trade journals, major newspapers or other publications.
5. You have been recognized for your achievements by organizations, critics, government agencies or other recognized experts in your field. Their testimonials help establish your authority, expertise, knowledge and distinction.

6. A high salary or other substantial other remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

How long can you stay in the US with an O-1 visa?

The O-1 visa allows you to stay in the USA for the period the USCIS has deemed necessary for you to complete the event or activity you are being admitted for, though not more than three years for each filing. You may enter the US 10 days before the validity period on your visa and must leave within 10 days after.

If an extension of stay is needed, a request will have to be made by your employer or agent to the USCIS, including the following documents —

• Form I-129, Petition for a Nonimmigrant Worker;
• A copy of your Form I-94, Arrival/Departure Record; and
• A statement explaining the reasons for the extension.

The petition should describe the event or activity that brought you to the US originally and confirm that you need an extension to continue or complete the same event or activity.

How do you apply for an O-1 visa?

The process of application cannot start until an organization or institution in the United States decides to invite and employ you. The first In general, the following steps are required —

1. Your employer or agent in the USA files a Form I-129 petition with the US Citizenship and Immigration Services (USCIS) requesting permission for you to enter and work temporarily in the United States on an O-1 visa. They will be required to pay the $460 application fee and furnish the necessary documents. Form I-129 must be filed a minimum of 45 days before the start date of your engagement, but no earlier than a year. If the USCIS approves the petition, they will send an approval notice on Form I-797 to your employer or agent, who will send it to you.
2. Find your nearest US Embassy or Consulate. You can find the address online or by checking the global list of US Embassies and Consulates. Make a note of the address. You will need it in the next step.
3. Apply for a Non-Immigrant Visa online through form DS-160: You can apply online for a Non-Immigrant Visa, called Form DS-160. To do this efficiently and successfully, keep the following at hand before going online —

– Your passport

– A visa photograph (to upload). Make sure the photograph conforms to US Immigration photo specifications

In addition, you may need to supply:

– A travel itinerary

– The dates of your last five visits to the US (if applicable) and/or evidence of your international travel history within the past five years

– A resume or CV

– The US Embassy or Consulate where you will apply for an interview

– Additional information depending on your purpose for travel

More information about filling out the DS-160 form is available online. Remember to print out the DS-160 application confirmation page after completing the form. You will need it at the interview.

4. Schedule your visa interview. Contact the US Embassy or Consulate nearest to you, preferably the one you named on the DS-160 form, and schedule your interview. Since different embassies have different waiting periods, check at the embassy’s website to find out how long you’ll have to wait.
5. Pay the O-1 visa application fee: This is $190 for petition-based visas, and can be paid online. Be sure to print out a receipt confirming your payment. You will need it at the visa interview later. In some countries, this fee is payable at the time of your interview, and in others it must be paid in advance. 
6. Gather the necessary documents. You will need the following —

• Passport with validity for at least six months beyond your intended period of stay

• Visa interview appointment letter

• Photograph. Some embassies may require a copy, especially if you were unable to upload an appropriate one while applying. A complete description of the format requirements is here.

• DS-160 confirmation page
• DS-160 visa application fee receipt: Required only if the fee was paid prior to your interview)
• Form I-797: USCIS approval notice for your engagement sent to your employer or agent in step 1
• Employment contract. If you have a written contract with your US employer, carry that. If the agreement was just oral, the rules allow you to submit a summary of the terms if no written contract exists. Proof of an oral agreement may include emails, a written summary of the terms, and so on. 

In addition, you will need the following documents —

• An advisory opinion, also called a written consultation, from one of your peers or leaders with expertise in your field. This document should describe your ability and achievements in your area of specialty, the duties you will perform in the US and whether those duties require a person of ‘extraordinary ability’. The opinion may just state “No objection.”
• A document explaining the activities and events you will take part in while in the United States, with starting and ending dates for each, and your itinerary during this period.
• Proof of your extraordinary abilities or achievements. For details of what is acceptable here, refer to the earlier section on How do you establish ‘extraordinary ability’ or ‘achievement’?

7. Go for the visa interview. This final step is the most crucial, and will determine whether you get the O-1 visa. Keep in mind that one of the most common reasons for visa denial is incomplete, inaccurate or fraudulent paperwork. If you’ve carried out all the previous steps diligently, this final step will be that much smoother.

The visa officer may request additional documents at his or her discretion and these requirements may vary from country to country.

How much does an O-1 visa cost?

There can be up to three costs for getting an O-1 visa —

Petition Form I-129: This will be filed by your employer or agent, and costs $460. You may be required to pay this cost.

O-1 visa application fee: This must be paid before the visa interview, and costs $190 for petition-based visas.

DS-160 Non-Immigrant Visa Application processing fee: This is currently US$ 160 but may be subject to change. Check with the local US Embassy or Consulate for up-to-date fees.

Visa Issuance fee: In some countries, an additional Visa Issuance fee may be charged when the visa is issued. Check with the local US Embassy or Consulate for up-to-date fees.

Need more help?

If you still feel that you would like to have professional help in making your application or would like to consult a lawyer who specializes in immigration and visa matters, click here to see some of your options, including how to access our exclusive list of professional immigration lawyers.

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