On July 22, 2022, USCIS made it clear that being listed on a highly competitive government grant for STEM research could help show that a recipient is an expert in their field for the purposes of being eligible for an O visa.
O visas are given to those with exceptional talent in the sciences, arts, education, business, or athletics, or who have a track record of great success in the film or television industries and have received national or international recognition for their accomplishments.
The following subcategories comprise O visas:
People with exceptional talent in the arts, sciences, education, business, or athletics (O-1), the support staff of artists or athletes (O-2), and the spouse and children of O-1 visa holders) (O-3).
The applicant must be traveling to the US in order to pursue employment in his or her field of exceptional talent or accomplishment. The total number of O visas that may be issued is unlimited.
O-1 Exceptional Talent (Science, Education, Business, or Athletics)
Aliens entering temporarily who possess exceptional talent in the arts, sciences, business, or athletics fall under the O-1 category (not including the arts, motion pictures or television).
Requirements for Petition Documents
The petition (Form I-129) should be submitted by a US employer with:
- a formal recommendation from a peer group, including labor groups, or a subject matter expert in the alien’s field of proficiency that the group has designated;
- a summary of the conditions of the oral agreement under which the immigrant would be employed, or a copy of any written contract between the employer and the alien;
- Evidence of the alien’s receipt of a significant, globally renowned honor, such as the Nobel Prize, or proof of at least three of the following:
- receiving honors or prizes for excellence in a field of effort that are nationally or internationally recognized;
- membership in organizations in the field of categorization desired that demand exceptional performance as determined by reputable international specialists;
- published articles on the foreigner and his work in the field for which classification is desired in professional or important trade periodicals, newspapers, or other prominent media;
- original contributions that are highly significant in the sphere of science, scholarship, or business;
- authorship of academic publications in reputable journals or other influential media in the area for which classification is required;
- high pay for services, as demonstrated by contracts or other trustworthy documentation;
If the aforementioned requirements do not naturally apply to the person’s line of work, the petitioner may offer analogous proof to prove the applicant’s eligibility.
O-1 Extraordinary Ability (Arts, Motion Picture, or TV)
Aliens with exceptional artistic talent or outstanding success in the film or television industries who are visiting temporarily also fall under the O-1 category.
Petition Document Requirements for O Visas
The I-129 petition must be submitted by a US employer with:
A written advisory opinion stating the following regarding the alien’s aptitude:
A peer group (including labor groups) in the person’s field of endeavor, or a person or people designated by the group with competence in the person’s area of ability, must consult if the petition is based on the person’s outstanding artistic ability.
Separate consultations from a labor and a management organization with competence in the person’s field of endeavor are necessary if the petition is based on the person’s outstanding accomplishments in the film or television business.
a summary of the conditions of the oral agreement under which the immigrant would be employed, or a copy of any written contract between the employer and the alien;
Evidence that the alien has won or been nominated for prestigious national or international honors or awards in the relevant field, such as the Director’s Guild Award, Grammy, Emmy, or Academy Award, or at least three of the following:
acted in or will appear as a lead or star in shows or events that have earned a reputation for excellence as attested to by favorable reviews, ads, publicity releases, publications, contracts, or endorsements;
earned national or international recognition for their accomplishments, as evidenced by reviews or other content written by or about them in well-known newspapers, magazines, trade journals, or other publications;
a track record of significant commercial or critical successes, as evidenced by factors like title, rating, or status in the industry, box office revenue, movie or television ratings, and other professional accomplishments recorded in trade journals, major newspapers, or other publications;
received a lot of praise for their work from organizations, critics, governments, or other respected professionals in the sector.
a high wage or other significant payment for services in comparison to others in the industry, as demonstrated by contracts or other trustworthy evidence; or
If the aforementioned requirements do not naturally apply to the person’s line of work, the petitioner may offer analogous proof to prove the applicant’s eligibility.
O-2 Support Personnel
People that follow an O-1 athlete or artist to help with a particular event or performance fall under the O-2 category. This person would be doing support services that cannot easily be supplied by a U.S. worker and that are crucial to the successful performance of the O-1 and would be functioning as an essential and integral component of the creative or athletic performance of an O-1 artist or athlete.
O-3 Family
O-1 employees’ spouses and dependent minor children are accepted under O-3 status with the same limitations as the primary. They might not be employed in the US.