What is an O-1 visa classification and what are the O-1 visa requirements?

The O-1 work visa is a nonimmigrant visa classification for Individuals with Extraordinary Ability or Achievement in the sciences, arts, including the performing arts, education, business or athletics, who have been recognized nationally or internationally for those achievements. To be eligible for an O-1 visa, the individual must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue to work in the area of extraordinary ability.

O-1 Extraordinary Ability visa status is reserved for those who are in a small percentage of experts that have risen to the top of their field. United States Citizenship & Immigration Services (“USCIS”) determines whether an individual qualifies for O-1 classification. The O-1 categody is a complicated visa category subject to high levels of scrutiny by USCIS. As such, petitions submitted to USCIS require a substantial amount of evidence to qualify.

Per the O-1 regulations, individuals must show their eligibility by documenting their sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

• Receipt of a major, internationally recognized award, such as the Nobel Prize; or
• At least 3 of the following 8 forms of documentation:
  • Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Documentation of the alien’s membership in associations to 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;
  • 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;
  • 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 to that for which classification is sought;
  • Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field;
  • Evidence of the alien’s authorship of scholarly articles in the field, in professional journals, or other major media;
  • Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
  • 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.

Our firm specializes in O-1A visa petitions for the following industries: pharmaceutical and drug development, robotics, medical and health sciences research, information technology, and software development.

The O-1 visa classification and STEM fields

USCIS recognizes the importance of progress in science, technology, engineering, or mathematics (STEM) fields, especially in critical and emerging technologies (CETs) and other STEM areas important to U.S. competitiveness or national security. In particular, the USCIS may find that a STEM area is important to competitiveness or security when the foreign national is engaged in an endeavor that will help the U.S. remain ahead of strategic competitors or current and potential adversaries, or when it relates to a field that may contribute to the U.S. achieving or maintaining technology leadership among allies or partners. The USCIS considers a PhD in a STEM field related to the proposed endeavor to be an especially positive factor. Areas that qualify as CETs include advanced computing, advanced engineering materials, artificial intelligence, autonomous systems and robotics, biotechnologies, financial technologies, renewable energy generation, and space technologies, among others.

Duration of Stay

The O-1 visa is employer specific which means that the employer is the petitioner, and the foreign national, as the beneficiary, must work in the position and for the employer listed on the O-1 petition submitted to USCIS. The O-1 visa can be requested for an initial period of three years and may be extended indefinitely in one-year increments.

Dependents

Dependent spouses and children of an O-1 visa holder are eligible for O-3 visa status. Individuals in O-3 status are not permitted to work in the U.S. but are able to study either full-time or part-time for the duration of their O-3 status.