O VISA CLASSIFICATION

  • O-1A
    The applicant with an extraordinary ability in the sciences, education, business, or athletics, which has been demonstrated by sustained national or international acclaim.
  • O-1B (Arts)
    The applicant with an extraordinary ability in the arts, which has been demonstrated by sustained national or international acclaim.
  • O-1B (MPTV)
    The applicant has a demonstrated record of extraordinary achievement in motion picture or television productions
  • O-2 (Essential Support Personnel)
    The applicant who will accompany an O-1 artist or athlete to assist
  • O-3 (Family Members)
    The applicants who are the spouse or children of O-1 and O-2 visa holders.

EVIDENTIARY CRITERIA FOR AN O-1A

  • Receipt of a major, internationally recognized award, such as the Nobel Prize; or
  • At least three (3) of the following forms of documentation:
    Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Membership in associations in the field for which classification is sought;
  • Published material in professional or major trade publications or major media about the applicant, relating to the applicant’s work;
  • Participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization;
  • Original scientific, scholarly, or business-related contributions of major significance in the field;
  • Authorship of scholarly articles in the field, in professional journals, or other major media;
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
  • Either commanded a high salary or will command a high salary or other remuneration for services.
  • The petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

EVIDENTIARY CRITERIA FOR AN O-1B (ARTS)

The applicant must be recognized as being prominent (“Distinction”) in his or her field of endeavor as demonstrated by the following:
  • Evidence of being nominated for, or being the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; or
  • At least three (3) of the following forms of documentation:
  • Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation.
  • Evidence that the alien has achieved national or international recognition for achievements.
  • Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation.
  • Evidence that the alien has a record of major commercial or critically acclaimed successes.
  • Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged.; or
  • Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field.
  • The petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

EVIDENTIARY CRITERIA FOR AN O-1B (MPTV)

The applicant must be recognized as having a demonstrated record of extraordinary achievement as evidenced by the following:
  • Evidence of being nominated for, or being the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; or
  • At least three (3) of the following forms of documentation:
  • Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation.
  • Evidence that the alien has achieved national or international recognition for achievements.
  • Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation.
  • Evidence that the alien has a record of major commercial or critically acclaimed successes.
  • Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged.; or
  • Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field.

O-1 PREPARATIONS

  • Evidencing documents to meet at least three (3) of the criteria. Ex. Awards or other recognition, media/press, work products, promotional material, and recommendation letters
  • Contract or a summary of the terms of the oral agreement between the petitioner and the beneficiary. The petitioner can be either a single employer or a US agent for multiple employers (a freelance). A U.S. agent may be the applicant’s actual employer, the representative of both the applicant (the beneficiary) and the employer (the petitioner), or a person or entity authorized by the employer to act for.
  • Itinerary: an explanation of the nature of the events or activities.
  • Advisory opinion letter from a peer group (including labor organization) or a person with expertise in the beneficiary’s area of ability. For O-1B (MPTV), the advisory opinions must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.