Aliens of extraordinary ability in the sciences, arts, education, business, or athletics (O-1),
the artist’s or athlete’s support staff (O-2), and the O-1’s spouse and/or children) (O-3).
To qualify, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. There is currently no annual cap on O visas.
O-1 Extraordinary Ability (Science, Education, Business, or Athletics)
The O-1 category applies to aliens coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).
Petition Document Requirements
A U.S. employer should file the petition (Form I-129) with:
A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the alien's area of ability;
A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;
Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:
If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.
O-1 Extraordinary Ability (Arts, Motion Picture, or Television)
The O-1 category also applies to aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
Petition Document Requirements
A U.S. employer should file the I-129 petition with:
A written advisory opinion, describing the alien’s ability as follows:
If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.
O-2 Support Personnel
The O-2 category applies to aliens accompanying an O-1 artist or athlete to assist in a specific event or performance. This person would be acting as an essential and integral part of the
artistic or athletic performance of an O-1 artist or athlete because he or she performs support services which cannot be readily performed by a U.S. worker and which are essential to the
successful performance of the O-1.
Petition Document Requirements
The petition must be filed by a U.S. employer in conjunction with the filing of the O-1 alien petition and must be filed with:
A written advisory opinion.
Evidence of the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien, and that the alien has substantial experience utilizing the critical
skills and essential support services for the O-1. In the case of a specific motion picture or television production, the evidence shall establish that significant production has taken place
outside the U.S., and will take place inside the U.S. and that the continuing participation of the alien is essential to the successful completion of the production.
O-3 Dependents
Spouses and minor children (dependents) of O-1’s are admitted under O-3 status with the same restrictions as the principal. They may not work in the U.S. under this classification.