O VISA:
ATHLETES, ENTERTAINERS, ARTISTS, EDUCATORS,
SCIENTISTS AND BUSINESS PEOPLE
The O visa is only for non-U.S. citizens
who possess extraordinary ability in the
arts, education, sciences, athletics, or
business illustrated by sustained national
or international acclaim. This category
allows those who have extraordinary ability
in one of these areas to avoid the caps
and time restrictions placed on other visas
available such as the H, L, or J. In addition,
the O visa does not have the wage or degree
requirements that other visas have. There
are three different O visas available for
non-citizens. The O-1 visa is for persons
possessing extraordinary ability in the
arts, education, sciences, athletics, or
business. The O-2 visa is for people who
are accompanying or assisting an O-1 artist
or athlete to assist the O-1 visa holder
with a particular event or events. The O-3
visa is for the spouse or minor children
accompanying the O-1 or O-2.
O-1
Visa Non-citizens seeking an O-1 visa must
possess extraordinary ability in the arts,
education, sciences, athletics, or business
illustrated by sustained national or international
acclaim. In addition, the non-citizens must
come to the United States for the purpose
of continuing to work in their area, but
they do not have to be performing services
which require someone with the non-citizens
extraordinary ability. O-1 visa petitioners
may have the intent to remain temporarily
and the intent to stay permanently in the
United States at the same time, since there
is not a requirement to maintain a foreign
residence.
Extraordinary ability or achievement must
be proven by the petitioner for the O-1
visa. Business persons, scientists, educators,
and athletes are required to prove a greater
level of extraordinary ability or achievement
than artists and entertainers. For business
persons, scientists, educators, and athletes
their extraordinary ability or achievement
must be demonstrated through sustained national
or international acclaim. However, artists
and entertainers in the television or movie
industry must show only a record of extraordinary
achievement. All O-1 petitioners, though,
must show that their achievements are recognized
in their "field through extensive documentation."
INA §101(a)(15)(O)(i) Be very careful
in defining or stating the field of endeavor,
because if it is defined too broadly or
too narrowly the application may be denied.
Petitioners in the fields of science, education,
business, or athletics must prove that he
or she possesses "a level of expertise
indicating that the person is one of the
small percentage who have arisen to the
very top of the field of endeavor."
8 CFR §214.2(o)(3)(ii) The petitioner
may demonstrate this by presenting evidence
that he or she won a "major, internationally
recognized award, such as the Nobel Prize"
or provide documentation of at least three
of the following:
Receipt of nationally or internationally
recognized prizes or awards;
Membership in associations that require
outstanding achievement in the field;
Published materials in professional or major
trade publications about the non-citizen;
Judged or participated on a panel judging
the work of others in the same field of
expertise;
Original scientific, business, or scholarly
work of major significance in the field;
Authorship of scholarly work in professional
publications;
Employment in a critical or essential role
for an organization with a distinguished
reputation; and/or
Has previously commanded or will command
a high salary compared to others.
If one of the above categories does not
readily apply to the applicant, he or she
may be able to present "comparable
evidence" to demonstrate his or her
level of expertise. 8 CFR §214.2()(3)(iii)(C)
Recently, however, the courts appear to
be allowing comparable evidence only when
the above list does not apply to the particular
field the applicant is in.
O Visas continued on next
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