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O-1 Extraordinary Ability Visa: Frequently Asked Questions

Below are some FAQ's containing essential information you need to know before applying for an O-1 visa:

• What is the O-1 (Extraordinary Ability) Visa and who can apply for it?
• What other criteria must I fulfill to qualify for an O-1Visa?
• How do Movie/Television professionals qualify for an O-1 Visa?
• Can my spouse and children accompany me to the United States?
• Can my spouse also work whilst in the United States?
• Am I allowed to study on an O-1 Visa?
• I am interested in applying, how do I proceed?

Q: What is the O-1 visa and who can apply for it?

A: The O1 visa is a non-immigrant visa which enables non-US citizens or non US permanent residents who have extraordinary ability in science, business, education or athletics and have been recognised nationally or internationally for their achievements, to work in the United States. The O-1 Visa is also for professionals from the motion picture or TV production industry who have achieved extraordinary achievement in their field.

Under the broad definition of 'art', potential O-1 visa applicants can include performers, directors, set-designers, cheoreographers, coaches, costume designers and make-up artists.

 Complete An O-1 Visa Assessment

Q: What criteria must I fulfill to qualify for an O-1 Visa?

Petitioner must be nominated for or be the recipient of a nationally or internationally acclaimed award in his or her field or, three of the following:

• Hold membership in an organisation that requires outstanding achievement.

• Have had articles featured in professional or major trade publications, or other forms of media of national / international repute.

• Have made noteworthy innovations or contributions in / or to the area of expertise. Have his / her articles featured in well-known journals and other popular forms of media.

• Be able to test the abilities of others in the specific area of expertise.

• Be an employee with a pivotal responsibility in an organization of national / international fame.

• Earn a high remuneration for the services offered with duly supporting evidences.

If applying for an O-1 visa as a person of outstanding ability in the arts, the visa beneficiary must be able to prove distinction in their field by having been nominated or awarded an international or national award, such as an Academy Award, Grammy, Emmy, Bafta or Directors Guild Award. Otherwise, they will need to be be able to show documentation of at least three of the following criteria:

• Play the lead in a production with a distinguished reputation;

• Received critical reviews in major newspapers or trade press;

• Lead for organization that has a distinguished reputation;

• A record of major commercial or critically acclaimed successes;

• Received recognition from organizations, critics, government agencies or other recognized experts in the field.
• Commands or will command a high salary.

Q: How do Motion Picture/Television professionals qualify for an O-1 Visa

The O-1 Visa is also for professionals from the motion picture or TV production industry. They must be recognized as having a demonstrated record of extraordinary achievement.

This can be shown to be true with evidence that the visa beneficiary has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Bafta, a Grammy, or a Director's Guild Award; or can provide evidence of at least three of the following:

• They will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
• They have achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
• They have performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
• They have a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
• They have received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or
• They have either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

 Complete an O-1 Visa Assessment

Q: Can my spouse/ dependent children join me?

Yes they have their own visa class - the O-3 Visa. They may also enter the United States to join the O-3 visa holder at a later date and can travel freely in and out of the country.

Q: Can my spouse/ dependent children also work whilst in the United States?

No, O-3 holders are not allowed to seek employment. If they wish to work they must apply for a different visa class.

Q: Can I study on an O-1 Visa?

Yes, O-1 Visa holders are permitted to undertake part time study in the United States.

Q: I am interested in applying, how do I proceed?

A: If you believe you could qualify for an O-1 visa,  fill in an enquiry form to learn more.