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Aliens of Extraordinary Ability (O-1 Visas)
This visa category is for foreign nationals with "extraordinary ability in
the sciences, arts, education, business or athletics." Extraordinary ability is
defined as "a level of expertise indicating that the individual is one of the
small percentage who have risen to the very top of the field of endeavor." The
position offered to the foreign national must require the services of an alien
of extraordinary ability, and the foreign national must document "sustained
national or international acclaim and recognition for achievements in the field
of expertise." Written evidence of consultation with an appropriate "peer group"
regarding the nature of the work to be done and the alien's qualification is
mandatory before a petition for an O-1 classification can be approved.
The O-1 visa can be issued for a period of up to three years, with
unlimited extensions in increments of one year.
O-1 visas are an option
for individuals who either do not qualify for other nonimmigrant visas, e.g. H,
L, or J, or who wish to avoid those visa classifications. For example, there is
no LCA requirement as with an H-1B visa, so that an Employer can bypass the
Department of Labor's prevailing wage and notice requirements. Unlike the H-1B
visa, there is no annual "cap" on the number of O visas. There is no maximum
period of validity, such as the H six year limit, or the L five-seven year
limit. Finally, if an alien has held J-1 status and is subject to a two-year
foreign residency requirement, he or she is ineligible to apply for an H-1B, L-1
or permanent residency, but may obtain an O-1 visa.
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