O-1 Extraordinary Ability Aliens

O-1 employment is a nonimmigrant status granted to individuals who have demonstrated extraordinary ability or extraordinary achievement in their field.  O-1 employment authorization is not limited to particular fields and may be a good option for talented foreign nationals who may not qualify for other non-immigration classifications authorizing employment.

The requirements for the O-1 category vary depending on the field in which the foreign national has demonstrated extraordinary ability or achievement.  A petitioning employer or agent seeking O-1A classification based on an alien’s extraordinary ability in the sciences, education, business, or athletics must demonstrate that the foreign national has sustained national or international acclaim and recognition for achievements in their field of expertise.  A petitioning employer or agent seeking O-1B classification for an alien of extraordinary ability in the arts must demonstrate that the foreign national is an artist of distinction, meaning the foreign national has reached a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered such that the person can be described as renowned, leading, or well-known in the field of arts.  To qualify for an O-1B classification for an alien of extraordinary ability in the motion picture or television industry, a petitioning employer or agent must demonstrate that a foreign national has a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is considered to be outstanding, notable, or leading in the motion picture and/or television field.

A petitioning employer or agent seeking O-1 classification for an employee or prospective employee must show that the foreign national will work in the United States in his or her area of extraordinary ability.  In addition to being filed by a U.S. employer, an O-1 petition can also be filed by an agent with regard to occupations traditionally held by self-employed individuals, occupations in which individuals often use agents to arrange short-term employment with numerous employers, or situations where a foreign employer authorizes an agent to act on his or her behalf. 

If you would like to consult with an experienced HSPRD attorney about obtaining O-1 nonimmigrant status, please contact our Firm at (312) 239-7675 or info@chicagovisalawyers.com