Last Updated on March 1, 2022 by Anda Malescu
What is O1 visa USA?
The O1 visa is a temporary visa program of the United States government that allows a foreign individual with extraordinary ability or achievement in the area of science, arts, business, education, or athletics to live and work in USA in their area of extraordinary ability. Social media influencers can apply for O1 visa for extraordinary ability in the field of arts. In addition to foreign individuals with extraordinary abilities in science, arts, business, education or athletics, the O1 visa is also available to individuals with extraordinary achievement in the television and motion picture industry who have been recognized nationally or internationally for their achievement. Moreover, a foreign individual with an O1 visa can bring his or her spouse and unmarried children under the age of 21 to live in the United States, but the spouse and children are not authorized to work in USA. However, the spouse and children can study in US schools and universities full-time or part-time.
In other words, the O1 visa USA can apply to people working in nearly all fields from scientific research in medicine, mathematics, geophysics to actors, poets, playwright, graphic artists, marketers and SEO specialists, puppeteers, painters, social media influencers, figure skaters, skiers, MMA fighters, pizza chefs, pastry chefs and others, and can be an option for highly talented individuals who are not eligible for other types of visas.
The O1 visa is available to foreign individuals with extraordinary achievement in the fields of science, business, arts, education, athletics, and film and television industry, including social media influencers.
There are two types of O1 visa that foreign nationals can use to qualify for the visa, and they depend on the area of extraordinary ability of the individual – the O-1A and O-1B visa classifications. The two types of O1 visa are:
1. O-1A classification is for foreign individuals who have an extraordinary ability in the field of science, education, business or athletics. This type of O1 visa is not for individuals with abilities in the arts, film and TV industry.
2. O-1B classification is for foreign individuals who have an extraordinary ability in the arts or have extraordinary achievement in motion picture industry (film industry) or television industry (TV industry). In general, the motion picture (film industry) and television industry comprise of film production, film studios, animation, screenwriting, pre-production, post-production, actors, film directors, film crews, film festivals and distribution, cinematography, television broadcasting and production companies.
You can sponsor yourself an O1 visa or a U.S. company or agent can sponsor your O1 visa.
A foreign individual with extraordinary abilities can self-sponsor the O1 visa for USA or alternatively, an individual can be sponsored by an existing U.S. company or agent an O1 visa to work in the area of extraordinary ability.
O1 visa for investors and entrepreneurs
An individual who possesses exceptional ability in an area covered by O1 visa rules and regulations can self-sponsor by starting a U.S. company and applying for the O1 visa through his or her U.S. company. For example, let us say Erica is a well renowned pizza chef from Italy who has won multiple awards for her pizza making and now has secured investments and wants to apply for an O1 visa. Then Erica by herself or together with other partners can start a U.S. company in Florida and use her new company to apply for an O1 visa so she can continue to work in her area of extraordinary ability – being a top pizza chef and sharing her skills with the world.
What are the key requirements for O1 visa USA? Extraordinary ability in the field of science, business, education or athletics.
For O1 visa, U.S. immigration law has set different standards necessary to show that a foreign individual has some extraordinary ability depending on the field in which he or she works. As a result, there are different standards for those working in the science, business, education or athletics and those working in the area of arts or those working in the motion picture and television industry including in production of film and television. All key requirements for O1 visa USA for the different fields are discussed separately.
According to the U.S. immigration rules and regulations, an individual has extraordinary ability in the field of science, business, education or athletics if the person has a level of expertise that makes them one of the small percentage of people who have made it to the very top in one of these fields.
The key requirements to qualify for an O1 visa USA in the field of science, business, education or athletics are:
- The foreign individual has sustained national or international acclaim and the individual continues to maintain such acclaim in the field of science, education, business, or athletics; and
- The foreign individual has achievements that have been recognized in the field of expertise and he or she is one of the small percentage who have made it to the very top of the field; and
- The person is coming to work in the United States in his or her area of extraordinary ability.
In satisfy the requirements above for O1 visa USA for extraordinary ability in the fields of science, business, education and athletics, an individual must be able to demonstrate that (1) he or she received a major, internationally recognized award, such as the Nobel Prize, or alternatively (2) he or she satisfies at least 3 of the following 8 criteria:
- 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, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
- Published material in professional or major trade publications or major media about the foreign individual, relating to the individual’s work in the field of extraordinary ability, which must include the title, date, and author of such published material, and any necessary translation
- 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
- A high salary or other substantial remuneration for services in relation to others in the field.
What are the key requirements for O1 visa USA? Extraordinary ability in the field of arts.
An individual with extraordinary ability in the field of arts means distinction. An individual with distinction is then a person with a high level of achievement in 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 their field of arts.
The key requirements to qualify for O1 visa USA in the field of arts are:
- The foreign individual has extraordinary ability in arts which is demonstrated by sustained national or international acclaim and the individual continues to maintain such acclaim in the field of arts; and
- The foreign individual has achievements that have been recognized in the field through extensive documentation; and
- The person is coming to work in the United States in his or her area of extraordinary ability.
To meet the requirements above for O1 visa for extraordinary ability in the arts, a foreign individual must be able to show that either he or she (1) has received or has been nominated for, significant national or international awards or prizes in the field of arts, OR (2) has at least 3 of the following:
- Performed or will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements
- Achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
- Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
- A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
- Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
- A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence
What are the key requirements for O1 visa USA? Extraordinary achievement in the field of motion picture or television industry.
A foreign individual can qualify for an O1 visa USA in the field of motion picture and television industry if the person can show that he or she has a record of extraordinary achievement in these industries which means that he or she has a degree of skill and recognition significantly above that ordinarily encountered such that the person is recognized as outstanding, notable, or leading in the field of motion picture or television, including production of film and television.
The key requirements to qualify for O1 visa USA in the field of motion pictures or television industry are:
1. The foreign individual has sustained national or international acclaim in the field of motion picture or television industry; and
2. The foreign individual has achievements that have been recognized in the field of motion picture or television industry; and
3. The person is coming to work in the United States in his or her area of expertise.
To demonstrate that the foreign individual has extraordinary achievements in the field of motion picture and TV industry, he or she must have (1) received or be nominated for a significant national or international award or prize in the particular field such as an Academy Award, an Emmy Award, a Grammy Award, or a Director’s Guild Award, or alternatively (2) satisfied at least 3 of the following 6 criteria:
- Performed or will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements
- Achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
- Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
- A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
- Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
- A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence
Period of Stay on O1 Visa USA
Foreign nationals who qualify for an O1 visa can be granted an initial period of stay of maximum 3 years depending on the nature of their contract and the time needed for them to complete the project, contract, event or other obligation. The initial period of stay can be extended indefinitely in increments of 1 year.
Family of O1 Visa Holder
Spouses and children of individuals who qualify for O1 visa for USA can join them in the United States on an O3 visa status that is granted for the same period of stay as the principal O1 visa holder. The spouse and children are not authorized to work in the United States as dependents of an O1 visa holder, but they can attend private and public schools, universities and other educational institutions in the United States.
How can Malescu Law assist?
Our experienced business and immigration lawyers in Miami, Florida can assist with O1 visa case evaluation, planning and strategy, application and renewals. Contact us today to discuss US visa options suitable for your circumstances.
Malescu Law P.A. – Immigration Lawyers
