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IMMIGRATION LAW BLOG

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O

An O Visa allows you to work in the U.S. if you are an extremely talented individual working in the arts, sciences, education, business, or athletics. An O visa may also be available to those who will accompany and assist you in your artistic or athletic performance if they are an “integral part” of your actual performance and possess “critical skills and experience” with you, which are not general in nature and cannot be performed by a U.S. worker.   O-1A Visas may be your best option if you possess extraordinary ability in the sciences, education, business, or athletics. To demonstrate you possess extraordinary ability in your field, you must have received a major, internationally-recognized award like a Nobel Prize. However, even if you have yet to receive a Nobel Prize, you can still qualify for an O-1A visa if you can meet at least 3 of the following criteria:
  • You have received a nationally or internationally recognized prize or award for excellence in your field;
  • You are a member of an association for which outstanding achievement in your field is required for membership, as judged by recognized experts in the field;
  • Material has been published in professional or major trade publications or major media about you, relating to your work in the field;
  • You have participated on a panel, or individually, where you judged the work of others in the same or an allied field;
  • You have made original scientific, scholarly, or business-related contributions of major significance to your field;
  • You have written scholarly articles in the field for professional journals or other major media;
  • You have worked in a critical or essential capacity for organizations with distinguished reputations; and/or
  • You have commanded a high salary or will command a high salary or other remuneration for your services.
  An O-1B Visa allows individuals who possess extraordinary ability in the arts or have a record of extraordinary achievement in the television or motion picture industries to work in the U.S. To demonstrate you possess extraordinary ability in these areas, you must have received, or been nominated for a significant national or international award or prize in the particular field, such as an Oscar, Emmy, Grammy, or Director’s Guild Award. However, even if you have yet to received one of these awards, you may still qualify for an O-1B visa if you can meet at least 3 of the following criteria:
  • You have performed and will perform services as a lead or starring participant in distinguished productions or events;
  • You have achieved national or international recognition for your achievements;
  • You have performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputations;
  • You have demonstrated a record of major commercial or critically acclaimed successes;
  • You have received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in your field; and/or
  • You have commanded a high salary or will command a high salary or other substantial remuneration for your services in relation to others in your field.

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