An O visa is a classification of non-immigrant temporary worker visa granted by the United States to an alien "who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements", and to certain assistants and immediate family members of such aliens.
According to United States Citizenship and Immigration Services, there are three types of O visas:
O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry) O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry. O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. "For an O-1A, the O-2's assistance must be an 'integral part' of the O-1A's activity. For an O-1B, the O-2's assistance must be 'essential' to the completion of the O-1B's production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1." O-3: individuals who are the spouse or children of O-1s and O-2s.
An O-1 visa is initially granted for up to three years. Subsequently, it can be extended for one year at a time. There is no limit to the number of extensions that may be granted. The term "O-1" refers to (O)(i), added by section 207(a) of the Immigration Act of 1990, which provides for the admission of "aliens of extraordinary ability" in the stated fields. Spouses and dependent children of O-1 visa holders do not receive the status, but instead qualify for O-3 visas.
The O-1 visa legislation was drafted in 1990 by former congressman Bruce Morrison of Connecticut.
Requirements
The O-1 visa application must be submitted along with a petition submitted by a US Petitioner. This includes information regarding the petitioner and evidence documenting the alien's extraordinary ability, details of the proposed work in the U.S. in the form of an itinerary, supporting contracts that collate with the itinerary, and evidence of past work that confirms alien's extraordinary status is true and valid. It also must include an advisory letter from a US established person in the alien's appropriate industry field. This person is generally required to possess more than ten years in said field and is well known and respected among peers. The petition is to be approved for the duration of the event in which the alien will participate, for a maximum of three years. One-year extensions are permitted thereafter with no maximum cumulative duration.
To prove the alien's extraordinary ability, documentation must be adequate to support extraordinary ability as demonstrated by sustained national or international acclaim; substantial documentation in at least 3 of the acceptable evidence categories defined by statute; a written advisory opinion from a peer group; the employer petition on behalf of the employee; and an offer of employment. For some applicants, a notable association that is an authoritative voice in that specific industry could write a no-objection letter to support that the individual is of extraordinary ability in their field.
Generally, to qualify for O-1A classification, aliens of extraordinary ability in the sciences, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:
Receipt of a major, internationally recognized award, such as the Nobel Prize; or at least three of the following forms of documentation: