In our last post, we briefly went over what an O1 Visa is, in this post, we discuss the requirements for an O1 Visa?
To be considered for qualification of an O-1 visa, the application must have a clearly demonstrated extraordinary ability by continued national or international acclaim. The application must also be only admitted temporarily to the United States to continue work in their designated area of extraordinary ability. The fields in which applicants must hail from 6 specific categories: science, education, business, athletics, motion pictures, and television. The applicant must have a high-level of expertise, clearly indicating that the application is one of a small percentage that has reached the height of their field.
Extraordinary ability in the field of arts means distinction. Distinction is defined by the USCIS as a means of high level of achievement in the field of the arts evidenced by a degree of skill and recognition significantly above that commonly found, to the extent that the application is prominent, renowned, leading, or well-known in their specific field.
To be considered for receiving an O-1 visa in the motion picture or television industry, the applicant must have demonstrated marvelous achievement that is clearly exemplified by a degree of competence and acclaim significantly above that ordinarily encountered in their field. This must be to the extent the person is recognized as exceptional, celebrated or prominent in the motion picture and/or television field.
A written consultative opinion from a recognized peer group (including labor organizations) or an individual with expertise in the applicants field of ability. If the O-1 application is for an individual with extraordinary accomplishment in motion picture or television, the consultation must come from a suitable labor union or management organization with knowledge and expertise in the beneficiary’s field. If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist, then the decision will be based on the evidence of record.
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