O-1 Visa Lawyer for Individuals with

Extraordinary Ability or Achievement

The O-1 status is a non-immigrant status category for aliens of 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. This is an
employment-related status; foreign nationals with this status may live and work in the
United States. O-1 petitions may only be filed by a U.S. employer, a U.S. agent, or a
foreign employer through a U.S. agent on behalf of the beneficiary.
There are several categories of an O visa:

O-1A: Individuals with an extraordinary ability in the sciences, education,

business, or athletics.

O-1B: Individuals with an extraordinary ability in the arts or the extraordinary

achievement in the motion picture or television industry.

O-2: Individuals who will accompany an O-1 individual to assist in a specific

event or performance.

O-3: Individuals who are the spouse or children of O-1s and O-2s.

O-1A Visa Criteria

Here, we will discuss briefly about the eligibility for an O-1A visa, also known as the
extraordinary ability visa. If someone has received a major, internationally
recognized award, such as a Nobel Prize, he/ she meets the criteria of an O-1A. For
lesser recognitions, the petitioner employer must demonstrate that the alien
(beneficiary) meets at least three of the following:

Receipt of nationally or internationally recognized prizes or awards

Membership in associations in the field for which classification is sought which

require outstanding achievements

Published material in professional or major trade publications, newspapers or

other major media

Original scientific, scholarly, or business-related contributions of major

significance in the field

Authorship of scholarly articles in professional journals or other major media

A high salary or other remuneration for services as evidenced by contracts

Participation on a panel, or individually, as a judge of the work of others

Employment in a critical or essential capacity for organizations and

establishments, that have a distinguished reputation.

The O-1 status is distinguished from other employment related status in that it applies
to more types of work and skills than other visa categories, such as H or L. For
example, the H-1B status is limited to professionals (with academic credentials,
normally), and therefore, athletes or entertainers do not qualify for an H-1B, but
potentially may qualify for an O-1 status. There is no annual quota for the O visa
(e.g., unlike an H-1B for professional, which is limited to 65,000 visas per fiscal year).
There is no home-residency requirement, unlike the J-1 exchange visitor program.
Our O-1 visa lawyers can give you more information regarding the requirements and
stipulations of this visa.

Examples of Silicon Valley Entrepreneurs Who Used

the O-1 Visa
This extraordinary ability visa has been the go-to visa for entrepreneurs in the Silicon
Valley. This visa category does not require a college education, something that
many of our ever-younger entrepreneurs flocking to the Silicon Valley
lack. Furthermore, entrepreneur sees minimal options in other employment-based
(immigrant or non-immigrant) visa categories, as they typically require an employer,
which entrepreneurs lack because they work for themselves.
For example, John Collison is a 25-year-old Irish national who dropped out of Harvard
University and co-founded Stripe, a payments company, with his brother Patrick. He
obtained his O-1 visa to live and work in the United States in December 2010 and
now has permanent residency status. Another example is John Buckley, a 23 years
old British-born entrepreneur (of a gaming company, MinoMonster) who applied for
an O-1 visa after starting a few small companies, including one he sold at age 15 for
a sum reaching the low six figures. He saw little hope with the traditional work visas,
such as an H-1B, since he worked for himself.