The O-1 visa is designed for foreign nationals who have “extraordinary ability in the sciences, arts, education, business or athletics”. The extraordinary ability must be demonstrated by “sustained national or international acclaim”. This visa is also available to foreign nationals in motion pictures and television who can demonstrate a record of “extraordinary achievement”. O-1 occupations include almost any creative field, for example, photographers, chefs, carpenters and lecturers, businessman, dancers. The person must be coming to the United States to work in his or her field of ability, but the position need not require the services of a person of extraordinary ability.
In order qualify for an O-1 visa; you must demonstrate that you possess extraordinary ability in the arts, sciences, business, education, athletics, the motion pictures or television industry. You must show that you have achieved or sustained international acclaim. You must be coming to the United States to perform temporary services for a U.S. employer relating to an event or events.
In order to establish that the foreign national has an Extraordinary Ability in the field in question, he must provide documents showing that he achieved a high level of expertise, which puts him/her as one of a small percentage at the top of the field. The requirement for Artists and entertainers is much higher.
**This is general information and is NOT intended to provide legal advice.
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