1. The General Requirements of Q1 Visa or Status Application 

The O1 visa/status application must be submitted along with the consultation opinion, evidence documenting the alien's extraordinary ability, and details of the proposed work in the US. The petition is to be approved for the duration of the event in which the alien will participate, for a maximum of three years. One year extensions are permitted thereafter with no maximum cumulative duration.

To prove the alien's Extraordinary Ability, documentation must be adequate to support Extraordinary Ability as demonstrated by sustained national or international acclaim; substantial documentation in at least 3 of the acceptable evidence categories defined by statute; a written advisory opinion from a peer group; the employer petition on behalf of the employee; and an offer of employment.

A U. S. employer should file the petition. The petition must be filed with a copy of written contract between employer and the alien, or a summary of the terms of the oral agreement under which the alien will be employed. 

The copies of evidence that the services to be performed should either: 

• primarily involve a specific scientific or educational project, conference, convention, lecture, or

• exhibit sponsored by scientific or educational organizations or establishments, or consist of a specific business project that requires an extraordinary executive, manager, or highly technical person due to the complexity of the project;

2. The Qualification Requirements for Extraordinary Ability in the Sciences, Education, Business, or Athletics

The O1 nonimmigrant visa/status for aliens with the extraordinary ability is reserved specifically for foreign nationals who exhibit sustained national or international acclaim in their field of endeavor.

The Extraordinary Ability in the sciences, education, business, or athletics must be demonstrated by sustained national or international acclaim, and evidenced by either (1) the receipt of a major, internationally recognized award or (2) the fulfillment of at least three of eight criteria set forth in the regulations. These criteria are: 

(1) Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor; 

(2) Documentation of the alien’s membership in associations in the field 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;

(3) Published material in professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation; 

(4) Evidence of the alien’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; 

(5) Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field; 

(6) Evidence of the alien’s authorship of scholarly articles in the field, in professional journals or other major media; 

(7) Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or

(8) Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence. 

3. The Qualification Requirements for Extraordinary Ability in the Arts, Entertainment, Motion Picture or Television

Extraordinary ability in the arts means that the applicant has attained "distinction." Distinction is defined as "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered." Distinction has also been defined as prominence in the field of endeavor. The applicant can demonstrate distinction by being the nominee or recipient of an important national or international prize such as an Academy Award, Emmy, Grammy, or by submitting documentation in at least three of the following six categories: 

(1) Has performed services as a lead or starring participant in productions or events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contract or endorsements; 

(2) National or international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major trade papers, trade journals, magazines, and so forth; 

(3) Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, and similar write-ups; 

(4) Has a record of major commercial or critically acclaimed success; 

(5) Has achieved significant recognition from organizations, critics, government agencies and recognized experts;

(6) Has commanded or will command a high salary or other remuneration in comparison to others in the field.

For Extraordinary Ability in motion picture or television, the definition of "extraordinary" is different. For these individuals, "extraordinary achievement" is defined as "a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is recognized as outstanding, leading, or well-known in the motion picture or television field." 

 

Green Card Apply Service - For All Your Immigration Needs	© Green Card Apply Service www.greencardapply.com