O1 Extraordinary Ability or Achievement 

O1 petition must include the following: 

  

1. Evidence related to extraordinary ability in sciences, education, business or athletics; extraordinary ability in the field of arts; or extraordinary achievement in motion picture or television industry   

2. Copies of any written contracts between the petitioner and the O1 worker or, if there is no written contract, a summary of the terms of the oral agreement under which the individual will be employed; 

3. Explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and 

4. Written advisory opinion(s) from the appropriate consulting entity or entities. 

  

O1A extraordinary ability in sciences, education, business, or athletics  

  

Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor. 

  

USCIS determines O1 extraordinary ability in sciences, education, business, or athletics based on a two-step analysis: 

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Step 1: O1 case must satisfy either of the following requirements: 

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Option 1:

Receipt of a major, internationally recognized award, such as the Nobel Prize 

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Option 2 – at least 3 out of following 8 categories:

1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor; 

2. Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; 

3. Published material (including the title, date, author, and any necessary translation) in professional or major trade publications or major media about the individual, relating to the individual’s work in the field for which classification is sought 

4. Participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought; 

5. Original scientific, scholarly, or business-related contributions of major significance in the field; 

6. Authorship of scholarly articles in the field, in professional journals, or other major media; 

7. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation; 

8. Evidence that the individual has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence. 

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Note: If the above categories do not readily apply to the occupation, the individual may submit comparable evidence to establish extraordinary ability. 

  

Step 2: Totality of the evidence must demonstrate that the individual satisfies the following: (1) a level of expertise indicating that he or she is one of that small percentage who have risen to the very top of the field of endeavor; and (2) has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.  

 

O1B extraordinary ability in arts    

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Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. 

  

Arts includes any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. Individuals engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers. 

  

USCIS determinates extraordinary ability based on a two-step analysis: 

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Step 1: O1B extraordinary ability in the field of arts case must first satisfy either of the following requirements: 

  

Successful case must be accompanied by either of the following evidence:

 

Option 1:

Nomination or receipt of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award 

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Option 2 – at least 3 out of following 6 categories:

1. Performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements; 

2. Achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications; 

3. Performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials; 

4. 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; 

5. Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the individual’s achievements; or 

6. 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. 

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Note: If the above categories do not readily apply to the occupation, the individual may submit comparable evidence to establish extraordinary ability. 

  

Step 2: Totality of the evidence must demonstrate that the individual satisfies the following: (1) high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts; and (2) has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.  

  

  

O1B extraordinary achievement in motion picture or television industry   

  

Extraordinary achievement with respect to motion picture and television productions, as commonly defined in the industry, means a very high level of accomplishment in the motion picture or television industry 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 motion picture or television field. 

  

USCIS determinates extraordinary achievement based on a two-step analysis: 

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Step 1: O1B extraordinary achievement in motion picture or television industry case must first satisfy either of the following requirements: 

  

Successful case must be accompanied by either of the following evidence:

 

Option 1:

Nomination or receipt of significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award 

​

Option 2 – at least 3 out of following 6 categories:

1. Performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements; 

2. Achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications; 

3. Performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials; 

4. 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; 

5. Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the individual’s achievements; or 

6. 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. 

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Note: If the above categories do not readily apply to the occupation, the individual may submit comparable evidence to establish extraordinary ability. 

  

Step 2: Totality of the evidence must demonstrate very high level of accomplishment in the motion picture or television industry 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 motion picture or television field. 

  

Consultation 

  

Consultation with an appropriate U.S. peer group (which could include a person or persons with expertise in the field), labor and/or management organization regarding the nature of the work to be done and the individual’s qualifications is required before a petition for an O-1 or O-2 classification can be approved. 

  

Motion picture and television productions. Consultation must be made with the appropriate union representing the alien's occupational peers and a management organization in the area of the alien's ability. If an advisory opinion is not favorable to the petitioner, the advisory opinion must set forth a specific statement of facts which supports the conclusion reached in the opinion. If the advisory opinion is favorable to the petitioner, the written advisory opinion from the labor and management organizations should describe the alien's achievements in the motion picture or television field and state whether the position requires the services of an alien of extraordinary achievement. If a consulting organization has no objection to the approval of the petition, the organization may submit a letter of no objection in lieu of the above 

  

Extraordinary Ability. Consultation must be in the form of a written advisory opinion from a peer group (which could include a person or persons with expertise in the field), labor and/or management organization with expertise in the specific field involved. 

  

O2. Consultation must be with a labor organization with expertise in the skill area involved is required for an O2 worker accompanying an O1 worker