O visa explained

O Visa
O Visa
Subtitle:Extraordinary Ability Visa
Headerstyle:background:#ccf; font-size:1.2em;
Labelstyle:background:#eef;
Label1:Type
Data1:Non-immigrant visa for individuals with extraordinary ability or achievement
Label2:Purpose
Data2:Temporary work in the United States in the area of extraordinary ability
Label3:Categories
Data3:
  • O-1A: Sciences, education, business, or athletics
  • O-1B: Arts or motion picture/television industry
  • O-2: Accompanying and assisting O-1 artists or athletes
  • O-3: Spouses and children of O-1 and O-2 visa holders
Label4:Eligibility
Data4:
  • Demonstrated extraordinary ability through sustained national or international acclaim
  • Record of extraordinary achievement in motion picture/television industry
  • Coming to U.S. to continue work in area of extraordinary ability
Label5:Duration
Data5:Initially up to 3 years, renewable indefinitely in one-year increments
Label6:Evidence Requirements
Data6:
  • Receipt of a major, internationally recognized award, or
  • At least three of eight specific criteria demonstrating extraordinary ability
Label7:Application Process
Data7:
  • Employer files Form I-129 with USCIS
  • Submission of supporting documentation
  • Consular processing for visa stamp (if applicable)
Label8:Advantages
Data8:
  • No annual cap
  • Allows for concurrent employment
  • No specific educational requirements
Label9:Oversight
Data9:United States Citizenship and Immigration Services (USCIS)

An O visa is a classification of non-immigrant temporary worker visa granted by the United States to an alien "who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements", and to certain assistants and immediate family members of such aliens.[1]

According to United States Citizenship and Immigration Services, there are three types of O visas:

An O-1 visa is initially granted for up to three years. Subsequently, it can be extended for one year at a time. There is no limit to the number of extensions that may be granted. The term "O-1" refers to (O)(i), added by section 207(a) of the Immigration Act of 1990,[2] which provides for the admission of "aliens of extraordinary ability" in the stated fields. Spouses and dependent children of O-1 visa holders do not receive the status, but instead qualify for O-3 visas.

The O-1 visa legislation was drafted in 1990 by former congressman Bruce Morrison[3] of Connecticut.

Requirements

The O-1 visa application must be submitted along with a petition submitted by a US Petitioner.[4] This includes information regarding the petitioner and evidence documenting the alien's extraordinary ability, details of the proposed work in the U.S. in the form of an itinerary, supporting contracts that collate with the itinerary, and evidence of past work that confirms alien's extraordinary status is true and valid.[4] It also must include an advisory letter from a US established person in the alien's appropriate industry field. This person is generally required to possess more than ten years in said field and is well known and respected among peers.[4] The petition is to be approved for the duration of the event in which the alien will participate, for a maximum of three years.[4] One-year extensions are permitted thereafter with no maximum cumulative duration.

Generally, to qualify for O-1A classification, aliens of extraordinary ability in the sciences, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

Receipt of a major, internationally recognized award, such as the Nobel Prize; or at least three of the following forms of documentation:

  1. Documentation of the individual's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  2. Documentation of the individual's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  3. Published material in professional or major trade publications or major media about the individual, relating to the individual's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
  4. Evidence of the individual's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
  5. Evidence of the individual's original scientific, scholarly, or business-related contributions of major significance in the field;
  6. Evidence of the individual's authorship of scholarly articles in the field, in professional journals, or other major media;
  7. Evidence that the individual has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
  8. Evidence that the individual has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

To qualify for an O-1A visa, an applicant must provide documents proving extraordinary ability. Examples of proof of extraordinary ability include nationally or internationally recognized prizes or awards for excellence, membership in associations requiring outstanding achievements, and articles written by or about the applicant. To supplement these materials, employer may submit letters signed by experts in the applicant's field attesting to the applicant's extraordinary ability in that field.

To qualify for O-1B classification, the applicant will need to supply documents showing that he or she has been nominated for or have received significant national or international awards or prizes in the particular field, such as an Emmy, Grammy, Oscar, or Tony Award. Alternately, the employer filing the petition can submit at least three of the following forms of documentation:

  1. Has performed services as a lead or starring participant in productions or events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contract or endorsements;
  2. National or international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major trade papers, trade journals, magazines, and so forth;
  3. Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, and similar write-ups;
  4. Has a record of major commercial or critically acclaimed success;
  5. Has achieved significant recognition from organizations, critics, government agencies and recognized experts;
  6. Has commanded or will command a high salary or other remuneration in comparison to others in the field.

For extraordinary ability in motion picture or television, the definition of "extraordinary" is different. For these individuals, "extraordinary achievement" is defined as "a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is recognized as outstanding, leading, or well-known in the motion picture or television field."

Before an O-1 visa can be granted, the applicant must go through a special consultation process. The applicant must get an "advisory opinion" from a peer group, a group of professionals in the alien's occupation or profession, or from a union, labor, or management organization. An "advisory opinion" is a letter from an organization stating that the position the alien applicant will hold requires extraordinary ability.

The peer group must provide a written opinion to the USCIS. If the application does not include a peer group opinion, the USCIS will attempt to contact a peer group directly. If no peer group exists, the USCIS will make a decision without a peer group consultation.

The USCIS will not require a new consultation if the alien beneficiary is reentering the U.S. in the O-1 category within two years of a previous peer group consultation. Unlike the EB1-Extraordinary Ability category, the O-1 category requires employment and sponsorship by the employer.

Consultation with an appropriate peer group, labor and/or management organization regarding the nature of the proposed work and the beneficiary's qualifications is mandatory before an O-1 petition can be approved. This requirement may be especially important in the arts, entertainment fields, or athletics.

An O-1 artist can be sponsored by a U.S. employer, U.S. agent, or a foreign employer through a U.S. agent. Although the artist cannot petition for him/herself for O-1 status, the regulations recognize that O-1 cases can involve workers who are traditionally self-employed.

Statistics

Number of visas issued by year

In the table below, the years are Fiscal Years, so for instance the year 2009 refers to the period from October 1, 2008 to September 30, 2009.[5] [6] [7] Note that this only counts O visas issued at embassies and consulates outside the United States, and not transitions to O status within the United States via Form I-129. Also, since a single person may need to renew his or her O visa, it is not an estimate of the number of people currently in the status.

Year Number of O-1 visas issued Number of O-2 visas issued Number of O-3 visas issued Total
1997 3345 1848 748 5941
1998 4257 1778 1056 7091
1999 5009 2185 1480 8674
2000 6466 1894 2101 10461
2001 6666 1918 2287 10871
2002 6026 1972 1760 9758
2003 6126 2472 1552 10150
2004 6437 2611 1679 10727
2005 6712 3387 1861 11960
2006 6961 3726 1912 12599
2007 7653 4218 2238 14109
2008 9014 5054 2642 16710
2009 9368 4702 2396 16466
2010 8589 4435 1929 14953
2011 8828 4863 2052 15743
2012 10590 5357 2396 18343
2013 12359 6623 3098 22080
2014 12706 6251 3473 22430
2015 13865 5792 4023 23680
2016 15918 7417 4836 28171
2017 17011 8053 4974 30038
2018 16904 8432 4923 30259
2019 17751 8743 5337 31831
2020 8838 3919 2658 15415
2021 7294 2870 2838 13002
2022 19102 11586 6234 36922
2023 18994 13335 6453 38782

Notable recipients

Notable unsuccessful applicants

External links

Notes and References

  1. Web site: O-1 Visa: Individuals with Extraordinary Ability or Achievement. 2012-09-16.
  2. Immigration Act of 1990,
  3. Business Week, June 8, 2009, p. 14
  4. Web site: O-1 Visa: Individuals with Extraordinary Ability or Achievement | USCIS. September 17, 2020. www.uscis.gov.
  5. Web site: Non-immigrant visa statistics . . January 29, 2017.
  6. Web site: Table XVI(B) Nonimmigrant Visas Issued by Classification Fiscal Years 2015–2019 . . 2024-08-22.
  7. Web site: Table XV(B) Nonimmigrant Visas Issued by Classification Fiscal Years 2019-2023 . . 2024-08-22.
  8. Web site: WILDES & WEINBERG, P.C. Secures 0-1 Extension for Alfio. Wildes and Weinberg Law Offices. June 17, 2015.
  9. Hilary Lewis (January 23, 2014),Justin Bieber Arrested for DUI The Hollywood Reporter
  10. Web site: American Dreamin': Iggy Azalea Special Interview . BossLady.tv . 20 February 2013 . 16 June 2013.
  11. Web site: O-1 Approval for Arkadi Duchin. Wildes Law. June 30, 2015.
  12. Web site: Wildes and Weinberg Law Offices Handles "O-VISA" For International Sensation Caro Emerald's USA Debut. wildeslaw.com. June 17, 2015. https://web.archive.org/web/20150617211404/http://www.wildeslaw.com/index.php/news-events/in-the-news/1055-michael-wildes-handles-o-visa-for-international-sensation-caro-emerald-usa-debut-. June 17, 2015. dead.
  13. Web site: Boy George on His O Visa and Michael Wildes His Immigration Lawyer. YouTube. November 16, 2016.
  14. Web site: Our Representation of Eyal Golan, Israeli Singing Sensation . Best Immigration Lawyer, Attorneys in NYC, New York, NJ Wildes & Weinberg, P.C. . 28 February 2019 . en-US . 2019-06-25.
  15. Web site: Miss Universe Gets Visa To Live And Work In The U.S., Green Card May Be Next. Fox News Latino. December 6, 2013. June 7, 2015. Llorente, Elizabeth.
  16. Web site: O-1 Approval Secured for Reona Ito, Orchestral Conductor. wildeslaw.com. November 15, 2016.
  17. Web site: O-1 Approval Secured for Ana Ivanovic, Tennis Star and Brand Ambassador . Best Immigration Lawyer, Attorneys in NYC, New York, NJ Wildes & Weinberg, P.C. . en-US . 2019-06-25.
  18. Web site: Singh. Katherine. The Star Of Mindy Kaling's New Show Is Here To Make Us Embrace Our Horniness. 2022-01-14. www.refinery29.com. en-GB.
  19. Highfill. Samantha. December 10, 2021. 'Sex Lives of College Girls' star Amrit Kaur talks Bela's big season finale decision. live. 2022-01-14. Entertainment Weekly. en. https://web.archive.org/web/20211210190217/https://ew.com/tv/sex-lives-of-college-girls-amrit-kaur-bela-season-1-interview/ . 2021-12-10 .
  20. News: Friends of Saudi dissident say he failed to return after visit to Istanbul consulate . 25 October 2018 . CNBC . Reuters . 2 October 2018 . Khashoggi was in the United States on an O-visa . https://web.archive.org/web/20181025150231/https://www.cnbc.com/2018/10/03/saudi-dissident-jamal-khashoggi-worry-after-his-absence-in.html . 25 October 2018 . live.
  21. News: Timmons . Heather . 19 October 2018 . What does the US owe Jamal Khashoggi? . Quartz . live . 25 October 2018 . https://web.archive.org/web/20181025185924/https://qz.com/1428499/jamal-khashoggi-what-trump-owes-khashoggi-under-us-law-and-constitution/ . 25 October 2018 . Khashoggi was living in the United States on an 'O' visa ... Three of Khashoggi's children are US citizens..
  22. Web site: Ksenyeva - Biography.
  23. Web site: Katerina Ksenyeva - Professional Profile, Photos, and Video Reels on Backstage - actress, singer, composer . 13 January 2015 . 5 March 2016 . https://web.archive.org/web/20160305070918/https://www.backstage.com/katerinaksenyeva/ . dead .
  24. Web site: Интернет кинофестиваль авторского кино НИФАК - Фонд "Фонтан" . 13 January 2015 . 25 March 2012 . https://web.archive.org/web/20120325184733/http://www.1kinofestival.ru/index.php?id=60 . dead .
  25. Web site: Home. The Forward. 11 December 2021.
  26. Web site: Катерина Ксеньева. Kino-teatr.ru. 13 February 2012 .
  27. Web site: Yury Mamin, official site - Projects of the future. Yurimamin.com. 11 December 2021.
  28. Web site: Meet Veert Founder Julia Lang, The Creative Director Influencing The Influencers. February 24, 2022. Forbes. https://archive.today/20230109123626/https://www.forbes.com/sites/cassellferere/2022/02/24/its-no-wonder-why-veert-is-a-success-founder-julia-lang-is-the-creative-director-influencing-the-influencers/amp/?sh=348858976e21. 9 January 2023.
  29. News: Keaney . Quinn . How Netflix's 13 Reasons Why Is the Most Important YA Adaptation Yet . PopSugar Celebrity UK . 7 April 2017 . 10 April 2017 . 11 April 2017 . https://web.archive.org/web/20170411031906/https://www.popsugar.co.uk/celebrity/13-Reasons-Why-Interview-Dylan-Minnette-Katherine-Langford-43403798 . dead .
  30. Web site: Wildes Secures O-1 Visa for Supermodel Yasmin Le Bon To Work for Trump Models in the U.S.. Wildes and Weinberg Law Offices. June 17, 2015.
  31. Book: Malone, Alicia. 0 . Girls on Film: Lessons From a Life of Watching Women in Movies . Coral Gables, Florida . Mango Publishing . 2022 . 978-1-64250-656-3. 129.
  32. News: Goldberg. Lesley. The Glee Project': Winners Share Their Hopes for 'Glee' (Q&A). 1 September 2011. The Hollywood Reporter. 22 August 2011. 4 November 2011. https://web.archive.org/web/20111104194254/http://www.hollywoodreporter.com/live-feed/glee-project-winners-share-hopes-225891. live.
  33. https://www.express.co.uk/celebrity-news/1964607/liam-payne-argentina-hotel-trip-extended-reason Real reason Liam Payne extended his ill-fated trip to Argentina amid struggles
  34. Web site: Pele gets U.S. visa to join Cosmos staff. Big Apple Soccer. April 8, 2011.
  35. Web site: O-1 Approval Secured for Subliminal, Hip-Hop Artist . Best Immigration Lawyer, Attorneys in NYC, New York, NJ Wildes & Weinberg, P.C. . en-US . 2019-06-25.
  36. Web site: Managing Partner Michael Wildes Secures O-1 Visa for Rabbi Lord Jonathan Sacks, Former Chief Rabbi of the United Kingdom. Wildeslaw.com. November 16, 2016.
  37. Web site: Robert Sher-Machherndl. www.coloradoballet.org. 2019-01-28.
  38. Web site: O-1 Visa: Individuals with Extraordinary Ability or Achievement. USCIS. en. 2019-01-28.
  39. Web site: Andrew Lloyd Webber Hires Wildes and Weinberg To Secure Nearly 100 O-1 AND O-2 Visa Approvals for Jesus Christ Superstar Arena Spectacular. wildeslaw.com. June 17, 2015.
  40. Web site: Oppenheim . Maya . 26 February 2017 . People are calling for Milo Yiannopoulos to be deported . https://ghostarchive.org/archive/20220514/https://www.independent.co.uk/news/world/americas/milo-yiannopoulos-deport-milo-twitter-new-sponsor-peadophilia-podcast-altright-a7600641.html . 14 May 2022 . registration . live . 10 March 2021 . The Independent . en.
  41. https://www.nbcnews.com/id/wbna11046018 Former 'Playboy' playmate deported: Argentine model wants special immigration status and re-entry to U.S.
  42. http://www.hola-arkansas.com/news.php?nid=249 Argentine model and actress Dorismar fights to return to the U.S.
  43. https://www.dancehallmag.com/2020/04/09/news/marion-hall-laments-being-denied-a-us-o-1-visa-she-once-qualified-for-as-lady-saw.html Marion Hall Laments Being Denied a US O-1 Visa She Once Qualified for as Lady Saw

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