O-1: Extraordinary Ability Visa

O-1 Visa: Individuals with Extraordinary Ability or Achievement

In order to qualify for the 0-1, an individual must demonstrate the following:

1. “extraordinary ability by sustained national or international acclaim.” The applicant must be vising the US temporarily to continue work in the area of extraordinary ability.
2. The “extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.”
3. Extraordinary ability in the field of arts means distinction, which is judged by a “high-level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.”
4. To get an O-1 visa in the motion picture or television industry, the beneficiary needs to demonstrate extraordinary achievement. The person must be “recognized as outstanding, notable or leading in the motion picture and/or television field.”

To demonstrate sustained national or international acclaim for those in the fields of science, education, business, or athletics, the USCIS requires a major internationally recognized award or at least three of the listed criteria. In contrast, for those in the arts field, prominence can be established by showcasing significant national or international awards or nominations in the particular field, or by meeting at least three of the USCIS’s listed criteria. In the motion picture or television industry, the criteria remain the same as in the arts field, but the evidentiary standard is more stringent, and the threshold bar is higher.

Now, these definitions and guidelines will most likely still cause a fair degree of confusion as to whether one can indeed qualify as an individual of extraordinary ability. After all, very few people have actually won a major internationally recognized award, such as an Olympics medal or a Pulitzer Prize, or significant national or international award or prize such as an Oscar, Emmy or Grammy award. This is where the immigration attorney’s use of know-how strategies and tactics in their ability to gather the evidentiary materials of the applicant’s credentials and experience, and position the applicant in the best possible light to fit at least three of the evidentiary criteria becomes absolutely crucial.

As an example, if you’re an architectural designer who has previously worked at a renowned firm responsible for designing significant landmarks and projects worldwide, simply having that experience can elevate you above others in the field and establish prominence. With numerous architectural firms globally, working for a reputable firm alone carries substantial weight in meeting the evidentiary criteria required to demonstrate extraordinary ability. Similarly, being a photographer who has worked for globally recognized brands like Calvin Klein or Tommy Hilfiger can also strengthen an O-1 visa application by leveraging the power of the brand and being selected from a vast pool of talented artists. Designing web or advertisement banners for CCTV, one of China’s most extensive television networks with millions of viewers worldwide, can also be considered extraordinary for a graphic designer. Essentially, there are various approaches to demonstrate “extraordinary ability” as defined by the USCIS regulations.

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