O-1 visas are available to person of proven extraordinary ability in the sciences, arts, education, business, or athletics. To be considered a person of extraordinary ability, the alien must have sustained national or international acclaim, or if you work in motion pictures or television productions, you must have a demonstrated record of extraordinary achievement. In addition, the alien must be coming to work or perform at an event to a series of events in the area of his/her extraordinary ability.

     For aliens applying O-1 visa in fields of the sciences, education, business, or athletics, the alien must show that he/she has extraordinary ability and have received sustained national or international acclaim. This can be demonstrated through evidence of receipt of a major internationally recognized award such as a Nobel Prize, or the alien has accomplished at least three of the following:

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

2. membership in associations that 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 major media about the alien and his/her work in the field of endeavor;

4. participated as a judge (on a panel or individually) of the work of others in the alien's field;

5. made an original scientific, scholarly, or business related contributions of major significance in the field of endeavor;

6. authored scholarly articles in professional journals or other major media in the field of endeavor;

7. been previously employed in a critical or essential capacity for organizations or establishments with distinguished reputation;

8. command or have commanded a high salary or other significantly high remuneration for services.

     If the above criteria do not readily apply to the alien's occupation, the petitioner may submit comparable evidence to show the alien is extraordinary.

     For the alien applying O-1 visa in the arts, the alien should first make sure his/her work fits the definition of art. The category of arts is defined broadly in the USCIS regulations, to include:

 … any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. Alien 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, choreographer, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.

    The petitioner also must show that the alien has acquired "distinction" in his/her 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.

     For the alien applying O-1 visa in the motion picture or television industry, the alien must have 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.

     To successfully support an O-1 application in the fields of arts, motion picture, or television industry, 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. Alternately, the petitioner can establish the alien's qualification through at least three of the following types of evidence:

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

2. the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the alien in professional or major trade publication, newspaper, or in the major media;

3. the alien has performed, and will perform, in a lead, starring or critical role for organizations or establishments with distinguished reputations;

4. the alien has 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. the alien has received significant recognition for achievements form organizations, government agencies, or other recognized experts in the field;

6. the alien has commanded a high salary or other significantly high remuneration for services in relation to others in the field.

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