Definition   

Event   

Evidentiary Requirements   

Advisory Opinions   

Duration, Processing Times   
and Fees   

DEFINITION
An individual with 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, is eligible to obtain a non-immigrant O-1 work permit to perform services relating to an event or events in the United States.

Extraordinary ability must be evidenced by sustained national or international acclaim, requiring a level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor.

Extraordinary ability means distinction, which is a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered, showing that the person is renowned, leading or well known.

The standard utilized to determine an individual's extraordinary ability is subjective, rather than objective, with success in obtaining an O-1 depending, in part, upon the exercise of judgment by an immigration examiner.

EVENT
To qualify for O-1 status, the alien must be coming to the United States to perform services relating to an event or events.

An event means such activities as a film or television production, music recording or performance, scientific project, conference, convention, lecture series, tour, exhibit, business project or engagement. A group of related activities may also be considered to be an event.

Because of the requirement that the alien be performing services relating to an event, the INS often denies O-1 petitions where the employment appears to be permanent or indefinite, and not temporary.

Thus, a job offer for an extraordinary person in business to work as a Vice President of Technical Affairs may be denied because it is not limited to a particular event or events, while a petition for the same person to supervise a group of specific technical projects for an employer may be approved.

The issue of whether a job relates to an event or events and is therefore temporary is one which the INS scrutinizes closely.

EVIDENTIARY REQUIREMENTS
An alien of extraordinary ability in the fields of science, education, business or athletics must demonstrate 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, or at least three of the following forms of documentation:

1. Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

2. Documentation of the alien's membership in associations in the field, which require outstanding achievement of their members, as judged by recognized national or international experts;

3. Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field;

4. 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;

5. Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;

6. Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;

7. Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;

8. Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services.

An alien of extraordinary ability in the arts, or of extraordinary achievement in the motion picture or television industry, must be recognized as being prominent in his or her field of endeavor or as having a demonstrated record of extraordinary achievement as evidenced by significant national or international awards or prizes in the field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award, or at least three of the following forms of documentation:

1. Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;

2. Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;

3. Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;

4. Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

5. Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged; or

6. Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration, as evidenced by contracts or other reliable evidence.

If the criteria listed above do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish eligibility.

Evidence of such consultation shall be in the form of a written advisory opinion from the peer group (which could include a person with expertise in the field), labor and/or management organization with expertise in the specific field. The advisory opinion shall be submitted when the petition is filed with the INS.

If the advisory opinion is not favorable to the petitioner, it must set forth a specific statement of facts which supports the conclusion reached in the opinion. Consultations are advisory and are not binding on the INS.

In those cases where it is established by the petitioner that an appropriate peer group, including a labor organization, does not exist, the INS shall render a decision based on the evidence of record.

In the fields of business or the sciences, an appropriate peer group frequently does not exist. If the alien will be working in a motion picture or television production, consultations shall be obtained from the appropriate union representing the alien's occupational peers, as well as a management organization.

DURATION, PROCESSING TIMES AND FEES
An approved petition for an alien classified in O-1 status shall be valid for a period of time determined to be necessary to accomplish the event or events, but not to exceed 3 years.

An extension of stay may be authorized in increments of up to 1 year to continue or complete the same event or activity.

Petitions for O-1 status must be filed at one of four regional offices of the INS in the United States and typically take approximately 30-75 days to process.

The filing fee to the INS for an O-1 petition is $130. If the parties wish to obtain expedited adjudication of the O-1 petition, they must pay a Premium Processing fee of an additional $1,000 to the INS, which guarantees a response from the INS, but not necessarily an approval, within 15 days of the date of filing.

In addition to paying the filing fee, the employer is responsible for the reasonable costs of return transportation abroad for the alien if he or she is dismissed from employment before the end of the period of authorized admission.