How to Qualify for the O-1 Visa

The United States offers tremendous opportunities for talented individuals from all over the world, be it in art, entertainment, sports, or media. Indeed, there is an entire visa class dedicated to giving accomplished foreigners a chance to take their career to the next level in America: The O-1 Visa for “individuals of extraordinary ability or achievement.” With the knowledge and expertise of Jurado & Farshchian immigration attorneys, you will vastly improve your chances of obtaining this crucial entryway to the U.S.

The Extraordinary Standard for the O-1 Visa

The O-1 Visa is designed for those who display outstanding achievement and acclaim in one of some areas, including the sciences, arts, education, business, and athletics. Unlike the H-1B Visa, another popular choice for skilled foreigners, the O-1 Visa has no cap, no wage maintenance feature, and no overall time limit.

It does not even require the candidate have a professional degree.

Rather, applicants must meet the “extraordinary standard” qualification, which instead of a formal degree or certificate requires providing a myriad of documentation and evidence that the candidate is exceptional and widely recognized in their area.

Bear in mind that candidates for the O-1 Visa must have a U.S. employer lined up to sponsor their application. Moreover, the evidence you provide must be relevant to the field in which you plan to work during your stay.

Evidentiary Criteria for the O-1 Visa

The O-1 Visa is divided into two classifications:

• O-1A Visa for scientists, educators, entrepreneurs, and athletes
• O-1B Visa for artists and entertainers in television and cinema

There are also supplementary visas that come under the O Visa category, such as the O-2 Visa for individuals that play an “integral” role in the O-1 Visa holder’s work, and the O-3 Visa for spouses and children for the O-1 Visa holder.

Regardless of your area of accomplishment, you must provide at least three (3) of the following pieces of evidence about your field:

• A national or international prize, award, or other formal recognition of excellence in your field
• Membership in an association in your field that requires outstanding achievement to join
• Coverage about your work or performance in a major media outlet related to your field
• Participation in a review panel that judged the work or performance of others in the same or similar field
• Original contributions of “major significance” in your field, such as an acting technique, research paper, or fashion design
• Published articles in professional journals or other major media
• Any previous or existing work in a prominent professional organization
• Proof that you command a high salary or other compensation for services related to your field

In short, the evidence you provide must be clear, relevant, and high quality. For example, a minor prize that is not widely recognized would probably not cut, nor would work published in non-reputable publication.

Also keep in mind that while the minimum requirement is to present three of the criteria mentioned above, the more evidence you provide, the more likely you will be approved.