The "extraordinary ability"visa is granted based on a foreign national's prominence in his or her field ofendeavor. You may email your resume to ptjensen@jensenlaw.com for an evaluationof your chances of success if we assist you to make this type of application.
Term
The O-1 visa may be granted for up tothree years and thereafter may be renewed in one year increments, or until theproject(s) is/are completed.
The arts
The foreign national must documentthat he or she is prominent in his or her field by being nominated for or therecipient of a significant international or national award or prize, such as anAcademy Award, Emmy, Grammy or Director’s Guild Award, or by documenting atleast three of the following:
- Lead in production having adistinguished reputation.
- Critical reviews in major newspapersor trade journal
- Lead for organization that has adistinguished reputation
- Record of major commercial orcritically acclaimed successes.
- Significant recognition fromorganizations, critics, government agencies or other recognized experts in thefield.
- Has commanded or will command a highsalary.
Motion picture or television
The USCIS will use the same criteriaas above, but apply a higher standard.
Science, Education,Business or Athletics
The foreign national must documentthat he or she has sustained national or international acclaim by receipt of amajor internationally recognized award, or by documenting prominence in his orher field by at least three of the following:
- Receipt of nationally orinternationally recognized prizes or awards for excellence in the field ofendeavor.
- Membership in associations in Sheffield 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 national, relating tohis or her work in the field for which classification is sought, which shallinclude the title, date, and author of such.
- Evidence of the foreign national’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 foreign national's original scientific, scholarly, or business-related contributions of majorsignificance in the field.
- Evidence of the foreign national's authorship of scholarly articles in the field, in professional journals, or other major media.
- Evidence that the foreign national has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
- Evidence that the foreign national has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
- If the above criteria do not readily apply to the foreign national's occupation, the petitioner may submit comparable evidence in order to establish the foreign national’s eligibility.
Self-employment
Foreign nationals cannot petition for themselves. The petition must be filed either by a direct employer or by an agent. The foreign national may use an agent if he or she plans to engage in multiple projects.
Peer Group AdvisoryOpinion Letter
The petition must be accompanied by a written advisory opinion from a peer group which could include a person or persons with expertise in the field or a labor organization with expertise in the specific field involved.
