O-1 Visa Lawyers in Seattle

What does “Extraordinary Ability” mean?

To qualify for an O-1 visa, you must demonstrate extraordinary ability by “sustained national or international acclaim”, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field. Therefore, extraordinary ability generally means that you are an expert and have received recognition in your field. 

Extraordinary ability in the field of arts means distinction. This is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are prominent, renowned, or well-known in the field of arts nationally or internationally.

To qualify for an O-1 visa in the motion picture or television industry, you must demonstrate extraordinary achievement. This is evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that you are recognized as outstanding, notable or leading in the motion picture and/or television field.

Who Qualifies?

Start-up founders, entrepreneurs, C-suite executives, key employees/managers/directors, software developers, engineers, researchers, photographers, UX-designers, fashion designers and stylists, marketing and branding professionals, public relations directors, athletes and coaches, chefs and sommeliers, lecturers, artists, architects, entertainers, gallery owners, agents, producers, athletes are welcome to apply if they meet certain O1A criteria. As an entrepreneur, you can qualify as having extraordinary ability – even if your start-up is only in the seed stage now. 
This is not a comprehensive list, so don’t hesitate to reach out to ask about your unique eligibility! (link to social networks or email)

Eight criteria to showcase extraordinary ability in business, sciences, education, or athletics (O1A visa petition)

You are qualified if you have received a major award (at the caliber of an Olympic Medal or Nobel prize), or you can provide evidence to document at least three of the following:

• Membership in an association that requires outstanding achievements to be admitted into membership (for example: a start-up accelerator, an invitation only-business organization, a union of designers, etc.);
• Press in major media or trade publications about you or your work; 
• Judging other professionals in your field (for example: peer reviewing scholarly work of others, serving on a panel,  judging a competition like Startup Weekend, or mentoring other professionals in the field as an expert);
• Original contribution of major significance in your field (for example: you have created an innovative startup or have discoveries in the scientific field);
• Authorship of scholarly articles published in major media or professional journals;
• You are a ‘critical’  or “essential” employee (you currently or have in the past played a crucial or leading role in an organization with distinguished reputation); 
• High salary and other compensation, such as equity, as compared to your peers; and
• National or international awards

 Evidence to showcase extraordinary ability in arts (O1B visa petition)

The supporting documentation for an O-1B (Arts) petition must include evidence that the beneficiary has received, or been nominated for, a significant national or international award in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award) or evidence of at least three of the following criteria:

• You have performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
• You have achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;

• You have performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;

• You have a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

• You have received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or

• You have either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

Advantages of the O-1 visa

• No limit on the number of O-1s available (no annual lottery in contrast with H1B) 
• No industry requirements 
• No salary minimums
• No required university degree
• You will likely be able to apply for a green card based on extraordinary ability and get permanent residence later
• O visa petitions can be approved by the US Immigration Services within 15 business days of applying

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Please call us at +1 206-558-6288 or book a consultation with our attorney to evaluate your case