“O” NONIMMIGRANT VISA CLASSIFICATION
Aliens with Extraordinary Ability
In the Sciences, Arts, Education, Business or Athletics
The “O-1” nonimmigrant classification authorizes visa issuance to a person who has extraordinary ability in the sciences, arts, education, business, or athletics who are seeking to enter the United States to continue work in the area of extraordinary ability.
“O-2” classification authorizes the admission of support personnel coming to accompany and assist the O-1 nonimmigrant with a specific performance or event. The O-2 candidate must be integral to the performance and have critical skills and experience working with the O-1 nonimmigrant which cannot be performed by other individuals.
Dependent spouses and minor, unmarried children of O-1 and O-2 nonimmigrants are eligible for “O-3” status. T
The law require that the O-1 candidate's extraordinary ability must be demonstrated by “sustained national or international acclaim.” The extraordinary ability provisions are intended to be highly restrictive. Separate qualifying standards under the O-1 classification apply to different classes of applicants as follows:
Petition and Visa Application Procedure: An employer or agent seeking to accord status as an “O” status to a qualifying candidate must file a preliminary visa petition with U.S. Citizenship and Immigration Services in the U.S. Some applicants for O-1 classification will be engaged in formal employment while others, due to nature of their extraordinary activities, are likely to be self employed. Nevertheless, “O” nonimmigrants may not petition for themselves. Established agents may file petitions in lieu of employers for an alien who is traditionally self-employed or who plans to arrange short-term employment with numerous employers.
Following petition approval, the visa candidate may apply for the “O” visa at a U.S. Embassy or Consulate outside of the U.S. All “O” visa applicants must overcome the presumption of immigrant intent discussed in our Nonimmigrant Visa Overview section. The question of nonimmigrant intent arises on visa application, entry, extension of stay, or change of status. O-2 but not O-1 candidates must establish that they are coming to the U.S. for a temporary purpose only, and that they have a residence abroad which the applicant has not intention of abandoning.
An “O” nonimmigrant may be admitted for the duration of the event, production or activity. The regulations define the event as broadly as possible, including an entire season of performances, a group of related activities, an entire academic year or a business or scientific project. An initial “O” petition can be approved for up to three years with no limit on extensions.