O-Visa: Persons with Extraordinary Ability or Achievement (I-129)

The O-1 nonimmigrant visa is designed for individuals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, or who have achieved notable recognition in the motion picture or television industry at a national or international level.

The O nonimmigrant visa classification includes:

• O-1A: Individuals with extraordinary ability in the sciences, education, business, or athletics (excluding the arts and the motion picture or television industries).
• O-1B: Individuals with extraordinary ability in the arts or significant achievements in the motion picture or television industries.
• O-2: Individuals accompanying the O-1 artist or athlete to participate in a specific event or presentation.
• O-3: Spouses and children of O-1 or O-2 nonimmigrants.

Eligibility Criteria

To be eligible for an O-1 visa, the applicant must demonstrate extraordinary ability through sustained national and international recognition and must be coming to the U.S. temporarily to work in their area of expertise.

Extraordinary ability in sciences, education, business, or athletics means being among the top percentage in the field

Extraordinary ability in the arts indicates a level of distinction, showing skills that surpass the ordinary and have earned prominent recognition

In the motion picture or television industry, candidates must demonstrate significant achievements that are recognized as exceptional in their field.

For an O-2 visa, your role must be essential to the O-1A visa holder’s performance, requiring specific skills and experience that U.S. workers cannot easily provide. This is particularly relevant in the motion picture or television industry, where a pre-existing employment relationship or essential participation in production activities is necessary for the project’s success.

O-1: The Process

To apply for an O-1 visa, a U.S. employer, U.S. agent, or foreign employer via a U.S. agent must file Form I-129, Petition for a Nonimmigrant Worker, on your behalf. This form should be submitted no more than one year before your services are needed and ideally at least 45 days in advance to avoid delays.

Required supporting documents include:

1. Consultation: A written advisory opinion from a relevant peer group or labor organization, particularly for those in the motion picture or television industry. Ensure any submitted opinion with a watermark is included.
2. Contract: A copy of your written contract or a summary of any oral agreement with your employer.
3. Itinerary: Details of the events or activities you will participate in, including their start and end dates.
4. Agents: A U.S. agent may represent your employer or act on your behalf.
5. Evidence of Eligibility: Documentation demonstrating your extraordinary ability or achievements, including at least three types of evidence to meet classification standards.

O-2: The Process

To apply for an O-2 visa, your employer must file Form I-129, Petition for a Nonimmigrant Worker, on your behalf, along with the required supporting evidence. This petition should be submitted alongside the O-1 petition and no more than one year before the O-2 applicant’s employment start date. To avoid delays, it should be filed at least 45 days in advance.

Required Supporting Information:

1. Consultation: An advisory opinion from a relevant labor union for sports or arts support. For the motion picture or television industry, both a labor and management organization opinion is needed.
2. Evidence of Eligibility: Documentation showing the O-2 applicant’s essential skills and significant experience supporting the O-1 nonimmigrant. It must also demonstrate the O-2 beneficiary’s importance to the project’s success, especially for work involving international production.

Once the petition is approved, you can apply for your visa at a U.S. embassy or consulate. The Department of State sets processing times and fees for visa applications

Duration

The O-1 and O-2 visa may be valid for an initial period of three years and may be extended indefinitely in one-year increments.

Family Members of O-1 and O-2 Visa Holders

If your spouse or unmarried children under 21 will accompany you or join you later, they may qualify for an O-3 nonimmigrant visa, which shares the same duration of stay and restrictions as the O-1/O-2 visas. While they will not be permitted to work in the United States under this classification, they can pursue full- or part-time studies.

Benefits

O-1 and O-2 visas provide significant advantages for individuals recognized for their extraordinary abilities and their essential support staff.

O-2 visas are designed for essential support personnel accompanying O-1 visa holders, allowing them to work in the U.S. in a critical capacity.

O-2 visa holders can stay for the same duration as the O-1 visa holder, with the possibility of extensions.

Our Law Firm offers expert guidance on eligibility and the application process, assist in preparing and filing Form I-129, support in obtaining advisory opinions, compile necessary documentation, prepare you for interviews, and provide ongoing assistance for extensions and status changes.