The O1 Legal Requirements
O1 is a temporary employment visa for aliens of
extraordinary ability or achievement. An O-1
classification applies to:
An individual alien who has extraordinary ability in the
sciences, arts, education, business, or athletics which
has been demonstrated by sustained national or
international acclaim and who is coming temporarily to
the United States to continue work in the area of
extraordinary ability; or
An alien who has a demonstrated record of extraordinary
achievement in motion picture and/or television
productions and who is coming temporarily to the United
States to continue work in the area of extraordinary
achievement.
Document Preparation
Copies of any written contracts between the petitioner
and the alien beneficiary or, if there is no written
contract, a summary of the terms of the oral agreement
under which the alien will be employed.
An explanation of the nature of the events or
activities, the beginning and ending dates for the
events or activities, and a copy of any itinerary for
the events or activities; and
A written advisory opinions from the appropriate
consulting entity or entities.
Evidentiary criteria for an O-1 alien of extraordinary
ability in the fields of science, education, business,
or athletics. An alien of extraordinary ability in the
fields of science, education, business, or athletics
must demonstrate sustained national or international
acclaim and recognition for achievements in the field of
expertise.
Document Preparation for Applications in the Motion
Picture or Television Industry
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 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 picture 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.
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
other in the field, as evidenced by contracts or other
reliable evidence.
The O2
category is set aside for aliens who will accompany and
assist in the artistic or athletic performance of an O1
alien and aliens who will accompany and assist an O1
Alien on a specific motion picture or television
production.
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