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O-1 Petitions for Aliens of Extraordinary Ability

The O-1 is a temporary, nonimmigrant visa for individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, athletics, or the motion picture/TV industry.

Caroline Ostrom, Minneapolis business immigration attorney, assists those with extraordinary ability, as defined by U.S. laws and regulations, to petition for the O-1 visa. We encourage you to contact us if you need legal advice regarding O-1 eligibility or the O-1 application process.

An O-1 requires a sponsor, which may be an employer, or agent in the United States. O-1 petitions must also include written advisory opinions from peer groups or labor unions.

Extraordinary ability in the sciences, education, business or athletics means a level of expertise indicating that the person is one of the small percentage of individuals, who have arisen to the very top of the field of endeavor. In these fields, successful petitions require either a major, internationally recognized prize or award, or credible evidence in at least three of the following categories: lesser (but still significant) prizes or awards; membership in an organization requiring outstanding achievement; published material about the individual in professional or trade publications; service as the judge of the work of others, original scientific or scholarly work of major significance in the field; authorship of scholarly work in the field; employment in a critical or essential capacity at a distinguished organization; or a high salary relative to others in the field.

Extraordinary ability in the arts is a somewhat lower standard, and requires “distinction”, which means a high level of achievement, evidenced by a degree of skill and recognition substantially above that ordinarily encountered. These petitions require receipt or nomination for a major internationally recognized award, or evidence in at least three of the following categories: lead roles in distinguished productions; critical reviews in major newspapers or trade journals; leading positions in distinguished organizations; record of major commercial or critically acclaimed success; significant recognition from organizations, critics, government agencies or other experts in the field; or a high salary relative to others in the field.

Extraordinary ability in the motion picture or TV industry is a higher standard than that in the arts, but relies on the same kinds of evidence as extraordinary ability in the arts.

In all types of O-1 petitions, comparable evidence may be submitted, if the listed categories of evidence do not readily apply to the particular field of endeavor.

How Our Minneapolis Immigration Attorney Can Help

Ostrom Law Office has experience filing O-1 petitions of all types. As is readily apparent from the definitions of extraordinary ability above, the practical meaning of the requirements and standards is not readily apparent. Experience working with the standards as applied over time by US Citizenship and Immigration Services adjudicators is essential to success for most applications. We can help determine whether an individual case has a chance at success, gather the right kinds of evidence, and most importantly, explain how an individual meets the high standard of this category.

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