| O-1 Aliens With Extraordinary Ability
in Sciences, Arts, Education, Business, Athletics
To qualify for an O-1 visa, the beneficiary must meet high
standards. The alien must have extraordinary ability in the
sciences, arts, education, business, or athletics, or must
have a record of extraordinary achievement in television or
motion pictures.
There are two separate categories of O-1 visas:
- a general classification for aliens of extraordinary ability;
and
- a classification for aliens with a ''demonstrated record
of extraordinary achievement'' employed in the motion picture
and television industries.
While the statute includes aliens in the arts, sciences, education,
business and athletics in one O-1 classification and aliens
in the television and motion picture industries in another,
the regulations actually delineate O-1 aliens as follows:
- O-1 aliens of extraordinary ability in the arts;
- O-1 aliens of extraordinary achievement in the motion
picture or television industries;
- O-1 aliens of extraordinary ability in the sciences, education,
business or athletics.
As defined in the statute, the alien's extraordinary ability
must be demonstrated by "sustained national or international
acclaim." The requirement of "sustained" acclaim excludes aliens
with extraordinary talent or extraordinary ability who have
not yet achieved significant recognition for their talents or
whose achievements have been short-lived. However, the alien's
renown need not cross country boundaries because the statute
includes national as well as international acclaim. Additionally,
the alien beneficiary need not have any specific level of education.
Under the regulations, extraordinary achievement for those
in motion pictures and television and extraordinary ability
for those in the arts can be shown by documentation that the
alien has been nominated for or been the recipient of significant
national or international awards or prizes such as an Academy
Award, an Emmy, a Grammy, or a Director's Guild Award; or
by documentation of at least three of the following accomplishments:
- Services, performed and to be performed, 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;
- National or international recognition for achievements
evidenced by critical reviews of other published materials
by or about the individual in major newspapers, trade journals,
magazines, or other publications;
- Performance in a lead, starring, or critical role for
organizations and establishments that have a distinguished
reputation as shown by articles in newspapers, trade journals,
publications, or testimonials;
- A record of major commercial or critically acclaimed successes,
as evidenced by such indicators as title, rating, or standing
in the field, box office receipts, credit for original research
or product development, motion picture or television ratings,
and other occupational achievements reported in trade journals,
major newspapers, or other publications;
- 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 that clearly indicates the author's authority,
expertise, and knowledge of the alien's achievements; or
- A high salary or other substantial remuneration for services
in relation to others in the field, in the past or the future,
evidenced by contracts or other reliable evidence.
- Other comparable evidence if the above standards do not
readily apply to the occupation.
|
