O-1 (Exceptional abilities)

This type of temporary work visa is for people who possess and can demonstrate extraordinary abilities in a field, it can professional, scientific, sports or artistic.

The O-1A visa is to individuals with extraordinary ability in the sciences, education, business, or athletics (not including the arts, the film industry, or the television industry).

The O-1B visa is for individuals with extraordinary ability in the arts or extraordinary achievement in the film industry or the television industry.



Evidence Criteria for an O-1A according to USCIS

Evidence that the beneficiary has received a major, internationally recognized award, such as a Nobel Prize or evidence of at least three (3) of the following:

  • Have received nationally and internationally recognized awards for excellence in the field in which he/she works.
  • Membership in associations in the field for which classification is sought, requiring outstanding achievement.
  • Have published materials in major, professional or industry publications, newspapers or other major media about yourself and your work in the field for which classification is sought.
  • Original scientific and scholastic contributions related to business, of great importance in the professional field.
  • Authorship of scholastic articles in professional publications or other major media in the field for which classification is sought.
  • A high salary or other remuneration for services verifiable through contracts or other reliable evidence.
  • Participation in a panel or individually, as a judge of the work of others in the same or in the field of specialization related to the one for which classification is sought.
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

 

 

If the standards described above do not apply to the beneficiary's occupation, the petitioner may present comparable evidence to demonstrate eligibility.

Evidence Criteria for an O-1B according to USCIS

Evidence that the beneficiary has received or been nominated for an award of national or international significance, such as an Academy Award, Emmy, Grammy, or Director's Guild Award, or evidence of at least three (3) of the following:

  • Have acted, will act or will participate as a leading figure in productions or events of distinguished reputation, evidenced by critical reviews, advertisements, presentations, publications, contracts or advertising endorsements.
  • Achieved national or international recognition for their achievements, as evidenced by critical reviews or material published by or about the beneficiary in major newspapers, professional magazines, publications or testimonials
  • A record of commercial success or popular acclaim, evidenced by titles, ranking or position in the professional field, tickets receipts, television or movie ratings, or other occupational achievement reported in publications, higher-circulation newspapers, or other publications.
  • Have received significant recognition for their achievements from organizations, critics, government agencies or other recognized experts in the professional field of the beneficiary, and that the testimonials indicate authorship, expertise and knowledge of the same.
  • A high salary or other substantial remuneration for his/her services compared to those of others in the professional field, demonstrated through contracts or other credible evidence.

If the standards described above do not apply to the beneficiary's occupation in the arts, the petitioner may provide comparable evidence to establish eligibility (this exception does not apply to the film and / or television industry)

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