Extraordinary Ability (O-1 and EB-1)
The O-1 visa is a nonimmigrant classification for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. This visa is divided into two categories: O-1A for those in fields such as science, education, business, and athletics, and O-1B for individuals in the arts or the motion picture and television industry. To qualify, applicants must provide evidence of sustained national or international acclaim, such as awards, critical reviews, or significant contributions to their field. The O-1 visa allows beneficiaries to work in the U.S. temporarily, with an initial stay of up to three years and the possibility of extensions.
Similarly, people with extraordinary ability in their field who want to come to or remain in the United States permanently can apply for an immigrant visa or green card under the Employment-based First Preference (“EB-1”) category. The EB-1 category is for individuals seeking permanent residency in the United States who fall into one of three subcategories: persons of extraordinary ability, outstanding professors or researchers, and multinational executives or managers. To qualify, applicants must meet specific criteria. For extraordinary ability, individuals must demonstrate sustained national or international acclaim in their field through extensive documentation, such as awards or publications, and show intent to continue work in their area of expertise in the United States. Outstanding professors or researchers must have at least three years of experience in teaching or research, be internationally recognized in their academic field, and have a job offer for a permanent position in the United States. Multinational executives or managers must have been employed in a managerial or executive capacity for at least one of the three years preceding the petition and be transferring to a similar position in the U.S. with a qualifying employer. Each subcategory has specific documentation requirements to establish eligibility.
For more information or to schedule a consultation to evaluate whether an O-1 or EB-1 application is right for you, please contact us.