Requirements for an O-1 alien of extraordinary ability in the arts

To qualify as an alien of extraordinary ability in the field of arts, the alien must be recognized as being prominent in his or her field of endeavor as demonstrated by the following:

• Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; or

At least three of the following forms of documentation:

• Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
• Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
• Evidence that the alien 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 alien 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 alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements; or
• Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence; or
• If the criteria in paragraph (o)(3)(iv) of this section do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

O-2 accompanying alien

An O-2 accompanying alien provides essential support to an O-1 artist or athlete. Such aliens may not accompany O-1 aliens in the fields of science, business, or education. Although the O-2 alien must obtain his or her own classification, this classification does not entitle him or her to work separate and apart from the O-1 alien to whom he or she provides support. An O-2 alien must be petitioned for in conjunction with the services of the O-1 alien.

Requirements for qualifying as an O-2 accompanying alien.–

• Alien accompanying an O-1 artist or athlete of extraordinary ability. To qualify as an O-2 accompanying alien, the alien must be coming to the United States to assist in the performance of the O-1 alien, be an integral part of the actual performance, and have critical skills and experience with the O-1 alien which are not of a general nature and which are not possessed by a U.S. worker.
• Alien accompanying an O-1 alien of extraordinary achievement. To qualify as an O-2 alien accompanying an O-1 alien involved in a motion picture or television production, the alien must have skills and experience with the O-1 alien which are not of a general nature and which are critical based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) 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.
• The evidence shall establish the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien and that the alien has substantial experience performing the critical skills and essential support services for the O-1 alien. In the case of a specific motion picture or television production, the evidence shall establish that significant production has taken place outside the United States, and will take place inside the United States, and that the continuing participation of the alien is essential to the successful completion of the production.

How soon can an O-1 employee start?

An O-1 employee cannot begin employment until the USCIS has approved the O-1 petition. Processing times for the O-1 petition vary according to the availability of information needed to prepare the petition, and backlogs at USCIS. The preparation of an O-1 takes more than other visa categories because of the documentation needed to establish eligibility. On average, USCIS takes about 4 to 5 months to adjudicate an O-1 petition, but premium processing is available for an additional USCIS fee.

If an O-1 employee is outside the U.S., he or she use the USCIS notice approving the O-1 petition to apply for an O-1 visa stamp at a consulate or embassy outside the U.S. With the O-1 visa, the employee may apply for admission into the U.S.

How is O-1 status extended?

Extensions of O-1 status may be filed during the six-month period prior to expiration of current stay, and are granted usually for two years. The employee’s qualifications and the employer’s continued need to employ an individual of extraordinary ability in the offered position must be established anew (and fully documented) with each extension application. If the extension application is filed prior to expiration of the current authorized stay, the individual will have continued work authorization for up to 240 days while the application is pending. There may be restrictions on international travel while the extension application is pending.

If you are an Individual with Extraordinary Ability looking for a Work Visa, contact the Arizona Immigration Attorneys at JCL Immigration today.