The O-1A visa is a non-immigrant temporary work visa for individuals with extraordinary ability in the sciences, education, business, or athletics.
To qualify for an O-1A visa, an applicant must show sustained national or international acclaim, and the individual's achievements must be recognized in their field. Evidence of achievements include major awards, significant contributions to the field, published material about the applicant, membership in prestigious associations, and other forms of recognition. The individual’s evidence should demonstrate achievements that are at the top of the field.
Illustrative qualifying professions for O-1A: medical researchers, computer scientists, entrepreneurs, business industry leaders, and educators, etc.
The O-1B visa is for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
For the O-1B visa category in the arts, extraordinary ability means distinction, which means a high level of achievement that is substantially above that is ordinarily encountered. Generally, such evidence will demonstrate the individual’s prominence, as well as renowned, leading, or well-known reputation in the field of arts.
For the O-1B visa category in the motion picture or television industry, the individual must demonstrate extraordinary achievement. This level of achievement is documented by evidence demonstrating outstanding, notable and/or leading roles in the motion picture and/or television field.
Illustrative qualifying professions for O-1B: award-winning authors, journalists, world-renowned haute couture designers, award-winning actors and directors, culinary innovators, as well as painters, curators, and acclaimed musicians, performers and choreographers, etc.
The O-1 visa is initially granted for up to three years and can be extended in one-year increments depending on the nature of the projects.
Key features of the O-1 Visa:
Eligibility: Highest standard of “extraordinary” ability. Individuals must provide evidence of extraordinary ability in science, business, athletics, the arts, and television and motion picture industry.
Immigration Status: Temporary, non-immigrant status.
Employment requirement: Requires agency or employer sponsorship. Applicant’s own company can be considered a separate legal entity that can sponsor.
Path to permanent residency: With the allowance of Dual Intent for O-1 non-immigrants, O-1 visa holders may also try to qualify for lawful permanent residence and apply for a green card. Those on O-1A visas may be eligible to apply for permanent residency under the First Preference Employment-Based (EB-1A Alien of Extraordinary Ability) category. While the regulatory language is almost exactly the same for O-1A and EB-1A, EB-1A petitions are reviewed and adjudicated on a much more stringent standard – the foreign national applicant must show that he/she is one of small percentage of those who has risen to the very top of his/her field.
Period of validity: Valid for initial period of three years. May be extended in increments of up to one year if the activity in the field continues. An itinerary or offer of employment is required for requested duration.