O-1 visa

The O-1 petition must be filed by the foreign national’s employer or a U.S. agent (also known as “petitioner”). This means the petitioner may be:

The actual employer of the foreign national;

• A U.S. agent representing both the employer and the foreign national;
• A U.S. agent representing multiple employers;
• A U.S. agent performing the function of an employer; or
• A U.S. agent representing a foreign employer

The types of documentation required for each type of petitioner described above varies, but generally includes relevant contracts and other evidence of the relationship to any U.S. agent.

A foreign national must meet the following criteria to qualify as having extraordinary ability in the fields of science, education, business or athletics:

Receipt of a major, internationally recognized award, such as a Nobel Prize; or

• Evidence of at least three of the following:
  • Documentation of the foreign national’s receipt of nationally or internationally recognized prizes or awards for excellence in the relevant field
  • Documentation of the foreign national’s membership in associations in the field that require outstanding achievements of their members, as judged by recognized national or international experts in the relevant field
  • Published material in professional or major trade publications, newspapers or other major media about the foreign national and the foreign national’s work in the relevant field
  • Evidence of the foreign national’s original scientific, scholarly or business-related contributions of major significance in the relevant field
  • Evidence of the foreign national’s authorship of scholarly articles in professional journals or other major media in the relevant field
  • Evidence that the foreign national has commanded a high salary or will command a high salary or other remuneration for services
  • Evidence of the foreign national’s participation on a panel, or individually, as a judge of the work of others in the same field or in a field of specialization allied to the relevant field
  • Evidence that the foreign national has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation

Receipt or nomination for significant national or international awards or prizes in the relevant field, such as an Academy Award, Emmy, Grammy or Director’s Guild award; or

At least three of the following forms of documentation:

• Evidence that the foreign national has performed, and 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, publication contracts or endorsements
• Evidence that the foreign national has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the foreign national in major newspapers, trade journals, magazines or other publications
• Evidence that the foreign national has performed, and will perform, in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications or testimonials
• Evidence that the foreign national has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
• Evidence that the foreign national has received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the relevant field
• Evidence that the foreign national has commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the relevant field