

Practicing Exclusively Immigration Law
on the Treasure and Gold Coasts of Florida
O-1 Visas for Aliens with Extraordinary Ability
O visa classification is intended for nationally and internationally acclaimed foreign nationals who possess extraordinary ability in sciences, arts, education, business, or athletics (O-1A) and for broadly defined “artists” (O-1B).
O-1A Visa
The O-1A category is available to a foreign national who has extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. Extraordinary ability is a high level of expertise and indicates that the person is belongs to a small percentage who has risen to the very top of the field. The O-1A visa is not widely available, but is appropriate for individuals who have reached the top of their field, and seek to enter the United States to continue to their involvement at that high level.
Although widely used in athletics, the O-1A statutorily accommodates, and has been utilized in acquiring, work visas in sciences, education, and business. Examples might be professors, researchers, doctors, and entrepreneurs. Unlike some other visas, the O-1 can be sponsored by the company of the beneficiary, making it an attractive option for entrepreneurs. Also attractive is that there is no annual cap (as with the H-1B), no limit to renewals (as with the H-1B and L-1) and it has dual intent, allowing progression to a Green Card. In fact, the EB-1 is a designated, first preference, green card for aliens of extraordinary ability, with similar, although slightly more demanding, criteria.
O-1B Visa
The O-1B category is available to foreign nationals of “extraordinary ability” in the arts. The term “arts” is defined to include “any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts.” The term has been defined expansively by the USCIS and may include athletes for which the P-1 visa is not an option. (e.g. a first-year professional athlete, a sport-like activity, a sport without teams or ranking) Petitioners must establish that the O-1B beneficiary meets the standard of distinction; that is recognized as being prominent in his or her field.
Period of Admission
Approved O visa petitions are valid for up to 3 years. Extensions of stay are available in increments of up to 1 year in order to continue or complete the activity.
Contact us to discuss your situation and see if the O-1 visa is appropriate to your needs.