How does one qualify for O-1 Status ?
Qualifications for O-1 status vary depending on the area of work,
i.e. arts, sciences, etc.
A. For Aliens in the sciences, education, business, and athletics.
For these fields, the alien must show that he/she is in the top
of his respective field. This can be established through evidence
of receipt of a major, internationally recognized award such as
a Nobel Prize. In absence of such an award one can establish himself
as a qualifying alien through at least three of the following types
of evidence:
1. Documentation of receipt of lesser nationally (not necessarily
U.S.) or internationally recognized prizes or awards for excellence
in the field of endeavor;
2. Documentation of membership in associations in the field of endeavor
which require outstanding achievements of their members, as judged
by recognized national or international experts in their fields;
3. Published material in professional or major trade publication
or in the major media about the alien and relating to the alien's
work in the field of endeavor;
4. Evidence of participation as a judge (individually or as a part
of a panel) of the work of others in the alien's field;
5. Evidence of scientific, scholarly, or business related contributions
of major significance in the field of endeavor;
6. Evidence of authorship of scholarly articles in the field, in
professional journals or other major media;
7. Evidence of performance in a critical or essential capacity for
organizations or establishments with distinguished reputations;
8. Evidence of having commanded a high salary or other significantly
high remuneration for services in relation to others; and
9. Other comparable evidence.
B. For Aliens in the arts, motion pictures, or television.
For the arts, the alien must show that he has acquired "distinction"
in his artistic field. "Distinction" means a high level
of achievement as evidenced by a degree of skill and recognition
substantially above that ordinarily encountered to the extent that
the person is described as prominent, leading, or well-known in
the field of arts:
Persons in the motion picture or television industry must show a
very high level of accomplishment evidenced by a degree of skill
and recognition significantly above that ordinarily encountered
to the extent that the person is recognized as outstanding, notable,
or leading in the industry.
Under these standards the requirements under the motion picture
or television industry are somewhat higher than those for the arts.
In either case, the forms of evidence to be used to establish the
qualification is the same. The alien may establish qualification
through evidence of nomination or receipt of a major, national or
international recognized award such as an Academy Award, an Emmy,
a Grammy, or a Director's Guild Award. In absence of such an award
one can establish himself as a qualifying alien through at least
three of the following types of evidence:
1. Having been or will be performing a lead or starring role in
productions or events which have a distinguished reputation (as
evidenced by critical reviews, advertisements, press releases, publications
contracts, or endorsements;
2. Critical reviews or other published material in professional
or major trade publication or in the major media by or about the
alien which show that the alien has achieved national or international
recognition or achievements;
3. Evidence of performance in a lead, starring or critical role
for organizations or establishments with distinguished reputations;
4. Evidence of a record of major commercial or critically acclaimed
successes in the performing arts, as shown by box office receipts
or record, cassette, compact disk, or video sales.
5. Evidence of significant recognition for achievements form organizations,
government agencies, or other recognized experts in the field;
6. Evidence of having commanded a high salary or other significantly
high remuneration for services in relation to others; and
7. Other comparable evidence
It should be noted that the requirements for O-1 Status are very
similar to those for the EB-1(A) (Alien of Extraordinary Ability)
employment based permanent residence category. The difference is
of course that the O-1 standards apply to those seeking a non-immigrant
status, while the EB-1(A) standard is for those seeking permanent
immigrant status. For more information on EB-1, please click
here.
For more information on the O-1 category, please click one of the
following links:
Description
Procedure for obtaining O-1 Status
Requirements for obtaining an
O-1 Status
Obtaining an O-1 visa
Dependents of O-1 visa holders
Duration and extension of O-1 Status
Change to other status from O Status
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