O Visas

    Overview

    This visa is available to individuals who possess extraordinary ability in the sciences, arts, education, business, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry, or "any field of endeavor" and has been recognized nationally or internationally for those achievements. 


    There are no annual limits for these visas. However, as the threshold is high and the petition requires a large amount of documentary evidence, we would recommend that you begin preparing with plenty of time before the start date of your beneficiary's assignment. This petition may be filed up to one year before the start date. If approved, the USCIS will allow up to three years for long-term projects. However, they will adjudicate in 1-year increments, depending on the length of time expected for the project. Extensions past the 3-year term are also available for long term projects or related activities. 

    Evidentiary Criteria

    The evidentiary requirements for O visas are complex and strict. The USCIS requires that the petitioner submit a writen advisory opinion from a peer group or a person with expertise in the beneficiary's area of ability. This is also known as the consultation requirement. One exception to the consultation requirement is when the petitioner can demonstrate that an appropriate peer group does not exist to provide the advisory opinion. The consultation requirement may be waived if the alien is seeking readmission within 2 years of the date of the previous admission. This waiver is only available for a beneficiary with extraordinary ability in the field of arts.


    In addition to the consultation requirement, petitioner also must show that the beneficiary's services are related to a certain "event," specified in the employment contract, with begin and end dates of the event. An itinerary of the beneficiary's employment plans is also needed to show that the beneficiary is coming to the U.S. to perform services for an event that is already planned. Last but not least, the USCIS requires a very important support statement from a U.S. Company, in which the petitioner can address the requirements of the petition. 

    O-1A Fields of Science, Art, Education, Business, and Athletics

    For those that are in the fields of science, art, education, business, and athletics, the INA requires that the beneficiary has attained "national or international acclaim" in order to show that he/she has "extraordinary ability." In other words, according to USCIS, it means that the beneficiary has "achieved a level of expertise indicating that the person is one of the small percentage who have risen to the very top of their field of endeavor." 


    If your beneficiary is in the field of arts, the standard is lower than the other categories. In this case, you are  only required to establish that the artist is "prominent" in his or her field of endeavor. There is no need to show that the artist has reached the very top of their professions.

    O-1B Motion Picture and Television Productions

    For beneficiaries who are seeking to enter the U.S. to work in the motion picture or television productions, the INA requires that the beneficiary has "a demonstrated record of extraordinary achievement." The INA defines "extraordinary achievement" to mean "a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.”

    O-2 Assistants

    O-2 visas are granted to individuals who will accompany an O-1 and provide assistance in the specific event. For an O-1A, the evidence to support an O-2's petition must establish that the O-2's assistance is an "integral part" of the O-1A's activity. For an O-1B, the evidence must establish that the O-2's assistance is "essential" to the completion of the O-1B's project. The petitioner must also establish that the O-2 employee has critical skills and experience working with the O-1 beneficiary, which are essential to the O-1's successful performance and the O-2's job cannot be readily performed by a U.S. worker. Additionally, please note that while O-1 beneficiaries do not have to show non-immigrant intent, O-2 beneficiaries do. As such, the non-immigrant intent evidence for O-2 beneficiaries are similar to the petitions for B1/B2 Visitors' Visas. 


    What We Can Do For You

    • Analyze whether all documents provided show that the beneficiary has achieved "extraordinary ability" sufficient to meet the standards set out by USCIS.
    • Assist in obtaining an advisory opinion from a peer group or from someone with expertise in the beneficiary’s area of ability that is sufficient to meet the requirements for the petition, if possible. Otherwise, consider alternatives, which USCIS may consider to be sufficient to replace the advisory opinion. 
    • Determine whether documentary evidence is sufficient to show that an employment contract existed and that there is itinerary to show that the event was pre-planned. 
    • File Form I-129 and Supplement O.
    • Draft support statement from the U.S. Company and file it with the petition. 
    • After the approval of the petition, we will provide detailed written instructions on how your beneficiary will obtain the visa at the U.S. Consulate. 
    • File for any subsequent extensions, if desired.
    • If you would like to sponsor your employee who is here on the O visa for permanent residence, we would assess his/her qualifications under the requirements of the EB-1 preference category. 
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