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(sciences, arts, education, business or athletics)
Note: Do not confuse with Permanent Residency, EB-1 Extraordinary Ability(green card). This is a non-immigrant intent extraordinary ability temporary work visa)
The fundamental requirement for an O visa is to have reached the TOP of the profession or endeavor for which the alien seeks admittance into the United States. The beneficiary of this O visa may remain in the states until the event, project or activity for which the alien is admitted is completed. Initial period of stay can be sought for three years and thereafter one year increments may be sought to complete the activity, event or project. An employer MUST petition for the O alien; the petition must be submitted only after the employer consults with a peer group , labor organization, or management organization regarding the work to be performed and the alien’s qualifications. In most cases the consultation takes the form of a written advisory opinion from a peer group. The INS rules provide that an alien may legitimately enter the United States for a temporary period as an O non-immigrant, and, at the same time, lawfully seek to become a permanent resident but this rule does not apply to O-2 accompanying aliens (assisting the O-1 for events, performances etc.)
CONDITIONS OF ADMISSIBILITY:
- receipt of nationally or internationally recognized prizes or awards in the field of endeavor;
- membership in association in the field which requires outstanding achievement of their members;
- published material about the alien concerning the alien’s work in the field;
- scientific, scholarly, or business-contributions of major significance in the field
- authorship off scholarly articles in the field in professional journals or other major media;
- employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
- high salary or other remuneration commanded by the alien
- participation on a panel, or individually, as a judge of the work of others in the field.
- other comparable evidence
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