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Extraordinary Ability Visa O-1
The O-1 visa is a work visa available to aliens with extraordinary ability in the sciences, arts, education, business, or athletics, who wish to come to the U.S. to work in their field of expertise. To apply, a U.S. business offering the alien a job, or a business agent representing the alien, must apply for the alien to receive the O-1 visa.

To qualify for an O-1 visa in the sciences, education, business, or athletics, it is necessary to show that the alien is among the small percentage who has risen to the very top of a given field, either at the national or international level.
The alien must present proof either of receipt of a major, internationally recognized award or at least three of the following forms of documentation:
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receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
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membership in associations in the field that require outstanding achievements of their members;
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published materials in professional or major trade publications or major media about the alien concerning the alien’s work in the field;
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participation on a panel, or individually, as a judge of the work of others in the field;
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scientific, scholarly, or business-related contributions of major significance in the field;
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authorship of scholarly articles in the field in professional journals or other major media;
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employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
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high salary or other remuneration commanded by the alien for services; or
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other comparable evidence (this typically includes recommendation letters from experts in the field).
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To qualify for an O-1 visa in the arts, it is necessary to show that the alien’s work has achieved "distinction." Distinction is defined as having achieved a high level of skill and recognition in the field, and being recognized as prominent, leading, or well-known in the field of arts.

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In order to qualify the alien must submit three of the following forms of evidence, showing that they:
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have or will perform a lead or starring role in productions or events that have a distinguished reputation;
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have achieved national or international recognition for achievements;
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have performed a lead, starring, or critical role for organizations and establishments that have a distinguished reputation;
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have a record of major commercial or critically acclaimed successes;
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have received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged;
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have commanded or now command a high salary or other substantial remuneration for services in relation to others in the field; or
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other comparable evidence (this typically includes recommendation letters from experts in the field).
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While it may sound very difficult to qualify for an O-1 visa, this is not necessarily the case. Many people have qualified for both the O-1 visa and the green card as an extraordinary alien without even a university degree, let alone a Ph.D., and certainly without winning an internationally recognized prize.
There is also an O-2 visa available for assistants of O-1 extraordinary aliens in the fields of arts and athletics. Such person must be an integral part of the O-1 alien’s performance and have skills and experience critical to the O-1 alien’s performance.
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Additional advantages of the O-1 visa:
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There is a green card category available to extraordinary aliens, which requires the same evidence as the O-1 visa. The main difference, which can simplify the process, is that the extraordinary alien can actually apply for the green card without an employer or a business agent as sponsors.
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For information on the green card category available to aliens with extraordinary ability in the sciences, arts, education, business, or athletics, please click the following link:
EB-1 Aliens with Extraordinary Abilities
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The information above is intended as a general description. Each individual's case requires specific advice and our firm offers an introductory consultation to review your case, the cost of which can be rebated against any retainer. We can assist you in getting settled in any U.S. state, and if so required, we will gladly form your U.S. corporation in the state of your choice.


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