O-1 Visa Legal Services
DeHeng Law Offices PC advises U.S. employers, agents, entrepreneurs, researchers, executives, artists, athletes, and other accomplished professionals on O-1A and O-1B petitions. The O-1 classification is for individuals with extraordinary ability in the sciences, education, business, athletics, or the arts, or with extraordinary achievement in the motion picture or television industry.
An O-1 petition must be filed by a U.S. employer or U.S. agent. A foreign employer must file through a U.S. agent. Although the beneficiary cannot self-petition, a separate legal entity owned by the beneficiary may file the petition if it otherwise qualifies as a petitioner. The proposed U.S. work must be in the beneficiary’s area of extraordinary ability or achievement.
O-1A Visa for Sciences, Education, Business, and Athletics
O-1A classification applies to individuals with extraordinary ability in the sciences, education, business, or athletics. The beneficiary must demonstrate sustained national or international acclaim and a level of expertise showing that the person is among the small percentage who have risen to the very top of the field.
An O-1A petition may rely on evidence of a major, internationally recognized award or evidence satisfying at least three of the following eight criteria:
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Receipt of nationally or internationally recognized prizes or awards for excellence in the field.
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Membership in associations that require outstanding achievements, as judged by recognized national or international experts.
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Published material in professional publications, major trade publications, or major media about the beneficiary and the beneficiary’s work.
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Participation as a judge of the work of others in the same or an allied field.
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Original scientific, scholarly, or business-related contributions of major significance.
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Authorship of scholarly articles in professional journals or other major media.
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Employment in a critical or essential capacity for organizations with a distinguished reputation.
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A high salary or other remuneration for services, supported by contracts or other reliable evidence.
Meeting at least three criteria does not automatically establish O-1A eligibility. USCIS evaluates the record as a whole to determine whether the beneficiary has sustained national or international acclaim and is among the small percentage at the very top of the field. Comparable evidence may be considered when a listed criterion does not readily apply to the beneficiary’s occupation.
O-1B Visa for Arts, Motion Picture, and Television
O-1B classification covers individuals with extraordinary ability in the arts and individuals with extraordinary achievement in the motion picture or television industry. For artists, extraordinary ability means distinction—a level of achievement showing that the person is prominent, renowned, leading, or well-known in the field. The arts category may include performers and creators as well as certain directors, designers, choreographers, conductors, and other essential creative professionals.
Motion picture and television cases apply a separate extraordinary-achievement standard requiring a very high level of accomplishment and recognition as outstanding, notable, or leading in the industry.
An O-1B petition may rely on a nomination for or receipt of a significant national or international award, or evidence satisfying at least three of the following six criteria:
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Performance in a lead or starring role in productions or events with a distinguished reputation.
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National or international recognition demonstrated through reviews or published material in major newspapers, trade journals, magazines, or other publications.
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Performance in a lead, starring, or critical role for organizations with a distinguished reputation.
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A record of major commercial or critically acclaimed successes.
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Significant recognition from organizations, critics, government agencies, or other recognized experts in the field.
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A high salary or other substantial remuneration in relation to others in the field.
For O-1B cases in the arts, comparable evidence may be submitted when the listed criteria do not readily apply to the beneficiary’s occupation. Motion picture and television cases have separate evidentiary and consultation requirements.