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An individual alien who has extraordinary
ability in the sciences, arts, education, business, or athletics
demonstrated by sustained national or international acclaim and who
is coming temporarily to the United States to continue work in the
area of extraordinary ability; or an alien who has a demonstrated
record of extraordinary achievement in motion picture and/or
television productions and who is coming temporarily to the United
States to continue work in the area of extraordinary achievement.
The term "O-1" refers to 8 U.S.C. § 1101(O)(i)
(also known as Section 101(O)(i) of the Immigration and Nationality
Act), 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.
Generally, to qualify for O-1 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:
- Documentation of the alien's receipt of
nationally or internationally recognized prizes or awards for
excellence in the field of endeavor;
- Documentation of the alien's 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 alien, relating to the
alien's work in the field for which classification is sought,
which shall include the title, date, and author of such published
material, and any necessary translation;
- Evidence of the alien's participation on a
panel, or individually, as a judge of the work of others in the
same or in an allied field of specialization to that for which
classification is sought;
- Evidence of the alien's original scientific,
scholarly, or business-related contributions of major significance
in the field;
- Evidence of the alien's authorship of
scholarly articles in the field, in professional journals, or
other major media;
- Evidence that the alien has been employed in
a critical or essential capacity for organizations and
establishments that have a distinguished reputation;
- Evidence that the alien has either commanded
a high salary or will command a high salary or other remuneration
for services, evidenced by contracts or other reliable evidence.
An O-2 classification applies to an
accompanying alien who is coming temporarily to the United States
solely to assist in the artistic or athletic performance by an O-1.
The O-2 alien must: be an integral part of the actual performances
or events and possess critical skills and experience with the O-1
alien that are not of a general nature and which are not possessed
by others; or in the case of a motion picture or television
production, have skills and experience with the O-1 alien which are
not of a general nature and which are critical, either based on a
pre-existing and longstanding working relationship or, if in
connection with a specific production only, because significant
production (including pre- and post-production) will take place both
inside and outside the United States and the continuing
participation of the alien is essential to the successful completion
of the production. |
