Generally, United States’ immigration law encourages very talented or highly-educated foreign nationals to travel to the U.S. and utilize their skills within its borders.  One way it does so is by providing temporary visas, known as “O” visas, to foreign nationals who have extraordinary ability in science, art, education, business, or athletics.  For example, the “O-1” visa category allows an individual with a well established record of extraordinary achievement as an artist, actor, chef, lecturer, athlete, architect or other career to enter the U.S. and work in his or her field.  The “O-1” category also covers those with a demonstrated record of achievement in the motion picture or television industry. 

As noted above, “O-1” visas are reserved for individuals with extraordinary ability in their field.  Accordingly, an “O-1” visa applicant must prove his or her high level of achievement. Extraordinary ability in the arts requires a degree of skill and recognition so far above the norm that the individual is renowned, leading, or well-known in the field. Extraordinary ability in science, education, business, or athletics requires a level of expertise indicating that the individual has risen to the very top of his or her field.

An individual entering the U.S. with an “O-1” visa must have the intention of working in his or her field of ability.  However, there is no requirement that an “O-1” visa holder’s job requires extraordinary ability to perform. Individuals admitted to the United States on an “O-1” visa are granted up to a three year stay, and extensions of this stay are possible. 

The application process for an “O-1” visa is quite complex and requires extensive, detailed evidentiary support. “National or international acclaim” is normally required, and can be shown by various means. Accompanying relevant Forms, the petitioning employer must submit a written advisory from an established authority supporting the fact that the individual is well known in the field, a copy of the contract under which the individual will be employed, an explanation of the job the individual is coming to the U.S. to perform, and other extensive documentary evidence proving the individual’s authoritative position in his or her field.    

In addition to the primary “O-1” visa, “O-2” visas are available to individuals traveling to the U.S. to assist “O-1” visa holders.  “O-3” visas are provided to spouses or unmarried minor children of those with “O-1” or “O-2” visas.