The O Visa: An Overview

Broadly speaking, the O-1 visa is a temporary work visa available to aliens who have "extraordinary ability" in the sciences, education, business, athletics, arts or the motion picture industry. The O-1 visa is divided into three categories: 1) the O-1A for foreign nationals who possess extraordinary ability in the sciences, education, business, or athletics; 2) the O-1B for foreign nationals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industries; and 3) the O-2 visa for an alien coming to the U.S. temporarily, solely as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete

An O-1A petition must include the following:

1. a written consultation from a peer group or labor management organization with expertise in the field, or an expert in the field of the alien's or employer's choosing;
2. a written contract between the employer and alien;
3. an explanation of the events or activities in which the alien will participate;
4. an itinerary; and
5. evidence of the alien's extraordinary ability in the field, such as:

• major awards or prizes
• published material relating to the alien's work
• evidence of the alien's contributions to the field
• evidence of the alien's high salary within the field
• evidence that the alien participated on a panel where he/she judged the work of others in the field; or
• other comparable evidence that applies to the alien's chosen field.

An O-1B petition must include the following:

1. a written consultation from a peer group or a person of the employer's choosing with expertise in the alien's field of ability. If the petition is based on the alien's extraordinary achievement in the motion picture or television industry, separate consultations are required from the relevant labor and management organizations;
2. evidence that the alien has received or been nominated for a significant national or international award or prize in the field, such as an Academy Award, Emmy, Grammy, or Director's Guild Award, or at least 3 of the following:
   • evidence that the alien has performed or will perform as a lead or starring participant in productions or events that have a distinguished reputation
   • evidence that the alien has achieved national or international recognition for achievements in the field.
   • evidence that the alien has a record of major commercial or critically acclaimed successes, as evidenced by ratings, box office receipts, etc.
   • evidence that the alien has received significant recognition from organizations, critics, government agencies, or other recognized experts.
   • evidence that the alien commands or will command a high salary or remuneration for services in relation to others in the field
   • evidence that the alien has performed or will perform as a lead or starring participant for organizations that have distinguished reputations.

Within the O visa category, there is a third type of visa. The O-2 visa is intended for an alien coming to the U.S. temporarily, solely as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete. The O-2 visa applicant must perform support services that are essential to the successful performance of the O-1.

The O-2 visa application must be filed in conjunction with an O-1 visa petition and submitted with the following:

1. a written consultation from a peer group or labor management organization with expertise in the field, or an expert in the field of the alien's or employer's choosing
   • if the application is for support of an athlete or alien with extraordinary ability in the arts, the consultation must be from an appropriate labor organization
   • if the application is for support of an alien with extraordinary achievement in motion pictures or television, the consultation must be from an appropriate labor organization or management organization
2. evidence of the current essentiality, skills and experiences of the O-2 applicant with the O-1 applicant or visa holder. In the case of a specific motion picture or television production, the evidence must establish that significant production has taken place outside of the U.S. and that the continuing participation of the O-2 alien is essential to the successful completion of the production on which the O-1 is working.

The O visa applies to a wide range of professions in fields as diverse as the culinary arts, theater, television, motion pictures and academia. The attorneys at Harrison Alo, Attorneys at Law are available to discuss what types of professions qualify for O visas and assist employers in navigating the O visa application process

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