O-1 Extraordinary Ability

The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate sustained national or international acclaim and recognition for achievements in the science, education, business or athletics. In most cases seeking an O-1 visa status is a last resort measure since it takes a lot of work to prepare and is never guaranteed to succeed. It requires the employer to file a Petition for a Nonimmigrant Worker (Form I-129), along with a preponderance of evidence that the individual has extraordinary ability. There are two categories of O-1: one for the arts, the other for education, sciences and athletes. The evidence submitted must demonstrate that the individual is one of a small percentage who have risen to the very top of the field of endeavor.

What are qualifications?

  1. Evidence that the employment requires the skills of someone with "extraordinary ability" detailed in a faculty support letter.
  2. A written consultation /advisory opinion from an appropriate union or professional association confirming that the applicant has extraordinary ability. Alternatively a group of letters of support from internationally recognized artists, faculty or scientists in the field could be used to represent the peer group in some cases.
  3. Evidence that the applicant is recognized nationally or internationally as outstanding in their academic field. This evidence must consist of at least three categories of achievements. In addition each piece of evidence must be accompanied by supporting explanations from independent objective sources.


What is the process?

Once the application materials are prepared (normally it takes several months for the applicant to compile all of the evidence) they are delivered to the OISS. An advisor reviews the materials and makes changes as necessary. The application can be sent to USCIS using Premium Processing (takes about 20 days for a response and costs an additional $1,225) or regular processing which can take 2-3 months. Only after USCIS has adjudicated the application can you know which outcome the case has: Approval, Denial, or questioned (Request for Evidence.)

Please speak to an advisor in OISS BEFORE proceeding to prepare an O-1 application. The menu to the right gives complete instructions on how to proceed should the OISS support the O-1 application.