Laws
O Visa Laws and Regulations
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Laws
Immigration and Nationality Act
Key Points:
An applicant must demonstrate extraordinary ability in sciences, arts, education, business, or athletics.
This extraordinary ability must be evidenced through sustained national or international recognition.
The applicant is coming to the U.S. to continue work in their field of extraordinary ability.
Introduction:
[INA 101] Definition of O Visa Applicant.
(a) As used in this chapter:
(15) The term “immigrant” means every alien except an alien who is within one of the following classes of nonimmigrant aliens:
(O) an alien who:
Statutory Language:
(i) has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions, a demonstrated record of extraordinary achievement. The achievements must be recognized in the field through extensive documentation, and the applicant seeks to enter the United States to continue work in the area of extraordinary ability. (INA 101(a)(15)(O)(i))
Key Points:
The applicant is coming to assist an O-1 visa holder in an artistic or athletic performance.
The O-2 applicant’s support is integral to the O-1 performance.
Introduction:
[INA 101] Definition of O Visa Applicant.
(a) As used in this chapter:
(15) The term “immigrant” means every alien except an alien who is within one of the following classes of nonimmigrant aliens:
(O) an alien who:
Statutory Language:
(ii)(I) seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under clause (i) for a specific event or events,
(II) is an integral part of such actual performance,
(III)(a) has critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals, or (b) in the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production, and
(IV) has a foreign residence which the alien has no intention of abandoning;
Key Points:
The applicant is an accompanying spouse or child of an an O-1 visa or O-2 Visa holder in an artistic or athletic performance.
Introduction:
[INA 101] Definition of O Visa Applicant.
(a) As used in this chapter:
(15) The term “immigrant” means every alien except an alien who is within one of the following classes of nonimmigrant aliens:
(O) an alien who:
Statutory Language:
(iii) is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;
Code of Federal Regulations
8 CFR 214.2 Special requirements for admission, extension, and maintenance of status
Key Points:
The O-1 visa classification applies to individuals of extraordinary ability in the sciences, arts, education, business, athletics, or motion picture/television industries.
Employers must file a petition to have the applicant classified as O-1.
Introduction:
[8 CFR 214.2(O)(1)(i)]
Special requirements for admission, extension, and maintenance of status for O Visa applicants.
Statutory Language:
Under section 101(a)(15)(O) of the Act, a qualified alien may be authorized to come to the United States to perform services related to an event or events if petitioned for by an employer. The alien may be classified as having extraordinary ability in the sciences, arts, education, business, athletics, or motion picture or television industry. (8 CFR 214.2(O)(1)(i))
Key Points:
The applicant must demonstrate extraordinary ability in a specific field through sustained national or international acclaim.
They must be coming temporarily to the U.S. to continue working in their area of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(1)(ii)]
Description of classifications for O-1 Visa applicants.
Statutory Language:
(A) An O-1 classification applies to:
(1) An individual alien who has extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim, and who is coming temporarily to the U.S. to continue work in the area of extraordinary ability. (8 CFR 214.2(O)(1)(ii)(A)(1))
Key Points:
The applicant must have a record of extraordinary achievement in motion pictures or television.
The purpose of coming to the U.S. must be to continue work in the same field of extraordinary achievement.
Introduction:
[8 CFR 214.2(O)(1)(ii)]
Description of classifications for O-1 Visa applicants.
Statutory Language:
(A) An O-1 classification applies to:
(2) An alien who has a demonstrated record of extraordinary achievement in motion picture and/or television productions and who is coming temporarily to the United States to continue work in the area of extraordinary achievement. (8 CFR 214.2(O)(1)(ii)(A)(2))
Key Points:
The O-2 visa is for individuals who provide essential support to an O-1 alien in artistic or athletic performances.
The O-2 alien’s support must be integral to the O-1’s performance and not replaceable by others.
Introduction:
[8 CFR 214.2(O)(1)(ii)]
Description of classifications for O-2 Visa applicants.
Statutory Language:
(B) An O-2 classification applies to:
(1) An alien who is an integral part of the actual performances or events and possesses critical skills and experience with the O-1 alien that are not of a general nature and not possessed by others. (8 CFR 214.2(O)(1)(ii)(B)(1))
Key Points:
In the case of motion pictures or television, the O-2 visa is for individuals whose support is critical based on a longstanding working relationship with the O-1 alien.
The support is critical to the specific production.
Introduction:
[8 CFR 214.2(O)(1)(ii)]
Description of classifications for O-2 Visa applicants.
Statutory Language:
(B) An O-2 classification applies to:
(2) In the case of a motion picture or television production, the alien must have skills and experience with the O-1 alien that are not of a general nature and are critical, either based on a longstanding working relationship or because the production will take place inside and outside the U.S., requiring the alien’s continuing participation. (8 CFR 214.2(O)(1)(ii)(B)(2))
Key Points:
Petitions for O-1 and O-2 applicants must include evidence required by the relevant section of the classification.
Introduction:
[8 CFR 214.2(O)(2)]
Evidence required to accompany a petition for O Visa applicants.
Statutory Language:
(ii) Evidence required to accompany a petition.
(A) The evidence specified in the particular section for the classification. (8 CFR 214.2(O)(2)(ii)(A))
Key Points:
Petitioners must provide details of the event, including the nature, beginning, and ending dates, along with a copy of the itinerary.
Introduction:
[8 CFR 214.2(O)(2)]
Evidence required to accompany a petition for O Visa applicants.
Statutory Language:
(C) An 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. (8 CFR 214.2(O)(2)(ii)(C))
Key Points:
A written advisory opinion from the appropriate consulting entity must accompany the petition.
Introduction:
[8 CFR 214.2(O)(2)]
Evidence required to accompany a petition for O Visa applicants.
Statutory Language:
(D) A written advisory opinion(s) from the appropriate consulting entity or entities. (8 CFR 214.2(O)(2)(ii)(D))
Key Points:
Affidavits and similar documentation must describe the nature of the alien’s achievements and be executed by a responsible person at the institution or organization where the work was performed.
Introduction:
[8 CFR 214.2(O)(2)]
Form of documentation for O Visa applicants.
Statutory Language:
(iii) Form of documentation:
(A) Affidavits, contracts, awards, and similar documentation must reflect the nature of the alien’s achievement and be executed by an officer or responsible person employed by the institution, firm, establishment, or organization where the work was performed. (8 CFR 214.2(O)(2)(iii)(A))
Key Points:
Affidavits from employers or experts must describe the alien’s recognition and extraordinary ability or achievement in factual terms.
Introduction:
[8 CFR 214.2(O)(2)]
Form of documentation for O Visa applicants.
Statutory Language:
(B) Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability or, in the case of a motion picture or television production, the extraordinary achievement of the alien shall specifically describe the alien’s recognition and ability or achievement in factual terms. (8 CFR 214.2(O)(2)(iii)(B))
Key Points:
Photocopies of documents are acceptable in place of originals, but originals may be requested by the Director.
Introduction:
[8 CFR 214.2(O)(2)]
Form of documentation for O Visa applicants.
Statutory Language:
(C) A legible photocopy of a document in support of the petition may be submitted in lieu of the original. However, the original document shall be submitted if requested by the Director. (8 CFR 214.2(O)(2)(iii)(C))
Key Points:
When an O Visa petition involves multiple work locations, an itinerary must be included with the petition specifying the dates and locations.
Introduction:
[8 CFR 214.2(O)(2)(iv)]
Other filing situations for O Visa applicants.
Statutory Language:
(A) Services in more than one location. A petition which requires the alien to work in more than one location must include an itinerary with the dates and locations of work. (8 CFR 214.2(O)(2)(iv)(A))
Key Points:
If the O-1 applicant will work for multiple employers concurrently, each employer must file a separate petition unless an agent files the petition.
Introduction:
[8 CFR 214.2(O)(2)(iv)]
Other filing situations for O Visa applicants.
Statutory Language:
(B) Services for more than one employer. If the beneficiary will work concurrently for more than one employer within the same time period, each employer must file a separate petition unless an established agent files the petition. (8 CFR 214.2(O)(2)(iv)(B))
Key Points:
If the O-1 or O-2 alien changes employers, the new employer must file a petition and request to extend the alien’s stay.
Introduction:
[8 CFR 214.2(O)(2)(iv)]
Other filing situations for O Visa applicants.
Statutory Language:
(C) Change of employer. If an O-1 or O-2 alien in the United States seeks to change employers, the new employer must file a petition and a request to extend the alien’s stay. (8 CFR 214.2(O)(2)(iv)(C))
Key Points:
An amended petition is required if there are material changes in the terms of employment or the alien’s eligibility.
Introduction:
[8 CFR 214.2(O)(2)(iv)]
Other filing situations for O Visa applicants.
Statutory Language:
(D) Amended petition. The petitioner shall file an amended petition on the form prescribed by USCIS with a fee to reflect any material changes in the terms and conditions of employment or the beneficiary’s eligibility as specified in the original approved petition. (8 CFR 214.2(O)(2)(iv)(D))
Key Points:
If an agent is acting as an employer, they must provide a contractual agreement between the agent and the beneficiary.
Introduction:
[8 CFR 214.2(O)(2)(iv)]
Agents as petitioners for O Visa applicants.
Statutory Language:
(E)(1) An agent performing the function of an employer must provide the contractual agreement between the agent and the beneficiary, which specifies the wage offered and the other terms and conditions of employment. (8 CFR 214.2(O)(2)(iv)(E)(1))
Key Points:
An agent may file petitions for multiple employers, but supporting documentation must include an itinerary of all engagements.
Introduction:
[8 CFR 214.2(O)(2)(iv)]
Agents as petitioners for O Visa applicants.
Statutory Language:
(E)(2) A person or company in business as an agent may file the petition involving multiple employers as the representative of both the employers and the beneficiary if the supporting documentation includes a complete itinerary of the event or events. (8 CFR 214.2(O)(2)(iv)(E)(2))
Key Points:
Foreign employers must comply with U.S. employer sanctions laws when filing a petition through a U.S. agent.
Introduction:
[8 CFR 214.2(O)(2)(iv)]
Agents as petitioners for O Visa applicants.
Statutory Language:
(E)(3) A foreign employer who, through a United States agent, files a petition for an O nonimmigrant alien is responsible for complying with all the employer sanctions provisions of section 274A of the Act. (8 CFR 214.2(O)(2)(iv)(E)(3))
Key Points:
Multiple O-2 beneficiaries can be included on a petition if they assist the same O-1 alien for the same events.
Introduction:
[8 CFR 214.2(O)(2)(iv)]
Other filing situations for O Visa applicants.
Statutory Language:
(F) Multiple beneficiaries. More than one O-2 accompanying alien may be included on a petition if they are assisting the same O-1 alien for the same events or performances during the same period and in the same location. (8 CFR 214.2(O)(2)(iv)(F))
Key Points:
If a professional O-1 athlete is traded to a new organization, employment authorization continues for 30 days.
Introduction:
[8 CFR 214.2(O)(2)(iv)]
Provisions regarding professional athletes under the O Visa classification.
Statutory Language:
(G) In the case of a professional O-1 athlete who is traded from one organization to another, employment authorization for the player will automatically continue for a period of 30 days after acquisition by the new organization. (8 CFR 214.2(O)(2)(iv)(G))
Key Points:
Extraordinary ability in science, arts, education, business, or athletics must be clearly established with evidence of sustained national or international recognition.
Introduction:
[8 CFR 214.2(O)(3)]
Petition requirements for aliens of extraordinary ability or achievement.
Statutory Language:
(i) General. Extraordinary ability in the sciences, arts, education, business, or athletics or extraordinary achievement in the motion picture or television industry must be established for an individual alien. (8 CFR 214.2(O)(3)(i))
Key Points:
“Arts” is broadly defined and includes various creative fields like fine arts, culinary arts, and performing arts.
Introduction:
[8 CFR 214.2(O)(3)]
Definitions applicable to O Visa classifications.
Statutory Language:
(ii) Definitions. As used in this paragraph, the term “arts” includes any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. (8 CFR 214.2(O)(3)(ii))
Key Points:
Receipt of a major internationally recognized award (e.g., Nobel Prize) satisfies the evidence requirement for extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iii)]
Evidentiary criteria for extraordinary ability.
Statutory Language:
(A) Receipt of a major internationally recognized award such as the Nobel Prize. (8 CFR 214.2(O)(3)(iii)(A))
Key Points:
Documentation of receiving nationally or internationally recognized prizes or awards for excellence in the applicant’s field is acceptable evidence of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iii)(B)]
Types of evidence for demonstrating extraordinary ability.
Statutory Language:
(B)(1) Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor. (8 CFR 214.2(O)(3)(iii)(B)(1))
Key Points:
Proof of membership in associations that require outstanding achievements judged by experts in the field can be used as evidence of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iii)(B)]
Types of evidence for demonstrating extraordinary ability.
Statutory Language:
(B)(2) Documentation of the alien’s 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. (8 CFR 214.2(O)(3)(iii)(B)(2))
Key Points:
Published material about the applicant’s work, appearing in professional or major media publications, can demonstrate extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iii)(B)]
Types of evidence for demonstrating extraordinary ability.
Statutory Language:
(B)(3) Published material in professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought. (8 CFR 214.2(O)(3)(iii)(B)(3))
Key Points:
Evidence of serving as a judge of the work of others in the same or related field is accepted as proof of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iii)(B)]
Types of evidence for demonstrating extraordinary ability.
Statutory Language:
(B)(4) Evidence of the alien’s participation on a panel or individually as a judge of the work of others in the same or an allied field of specialization. (8 CFR 214.2(O)(3)(iii)(B)(4))
Key Points:
Original scientific or scholarly contributions of major significance in the field can be used as evidence of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iii)(B)]
Types of evidence for demonstrating extraordinary ability.
Statutory Language:
(B)(5) Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field. (8 CFR 214.2(O)(3)(iii)(B)(5))
Key Points:
Authorship of scholarly articles in professional journals or major media outlets is accepted as evidence of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iii)(B)]
Types of evidence for demonstrating extraordinary ability.
Statutory Language:
(B)(6) Evidence of the alien’s authorship of scholarly articles in the field in professional journals or other major media. (8 CFR 214.2(O)(3)(iii)(B)(6))
Key Points:
Employment in a critical or essential capacity for organizations with distinguished reputations can support the applicant’s claim of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iii)(B)]
Types of evidence for demonstrating extraordinary ability.
Statutory Language:
(B)(7) Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation. (8 CFR 214.2(O)(3)(iii)(B)(7))
Key Points:
Proof that the alien has commanded or will command a high salary for services in comparison to others in the field can be used as evidence of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iii)(B)]
Types of evidence for demonstrating extraordinary ability.
Statutory Language:
(B)(8) Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services. (8 CFR 214.2(O)(3)(iii)(B)(8))
Key Points:
If none of the standard criteria apply, the petitioner may submit comparable evidence to establish the alien’s eligibility.
Introduction:
[8 CFR 214.2(O)(3)(iii)]
Other evidence options for extraordinary ability petitions.
Statutory Language:
(C) If the criteria in paragraph (o)(3)(iii) of this section do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility. (8 CFR 214.2(O)(3)(iii)(C))
Key Points:
For applicants in the arts, a significant national or international award such as an Academy Award, Grammy, or similar qualifies as proof of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iv)]
Evidentiary criteria for aliens of extraordinary ability in the arts.
Statutory Language:
(A) Evidence that the alien has been nominated for or has been the recipient 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. (8 CFR 214.2(O)(3)(iv)(A))
Key Points:
The applicant may demonstrate extraordinary ability by showing they have performed as a lead or starring participant in productions with a distinguished reputation.
Introduction:
[8 CFR 214.2(O)(3)(iv)(B)]
Evidence of extraordinary ability for aliens in the arts.
Statutory Language:
(B)(1) Evidence that the alien has 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. (8 CFR 214.2(O)(3)(iv)(B)(1))
Key Points:
National or international recognition, such as critical reviews, publications, or media attention, can support a claim of extraordinary ability in the arts.
Introduction:
[8 CFR 214.2(O)(3)(iv)(B)]
Evidence of extraordinary ability for aliens in the arts.
Statutory Language:
(B)(2) Evidence that the alien has 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. (8 CFR 214.2(O)(3)(iv)(B)(2))
Key Points:
Evidence of the applicant performing in a critical role for organizations with a distinguished reputation strengthens their application.
Introduction:
[8 CFR 214.2(O)(3)(iv)(B)]
Evidence of extraordinary ability for aliens in the arts.
Statutory Language:
(B)(3) Evidence that the alien has 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. (8 CFR 214.2(O)(3)(iv)(B)(3))
Key Points:
A record of major commercial or critically acclaimed successes such as box office receipts or television ratings can support a claim of extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iv)(B)]
Evidence of extraordinary ability for aliens in the arts.
Statutory Language:
(B)(4) Evidence that the alien has a 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. (8 CFR 214.2(O)(3)(iv)(B)(4))
Key Points:
Letters of recognition from critics, experts, or government agencies serve as strong evidence for an O-1 applicant’s extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iv)(B)]
Evidence of extraordinary ability for aliens in the arts.
Statutory Language:
(B)(5) Evidence that the alien has 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 clearly indicate the author’s authority, expertise, and knowledge of the alien’s achievements. (8 CFR 214.2(O)(3)(iv)(B)(5))
Key Points:
Evidence that the alien has commanded or will command a high salary relative to others in the field can demonstrate extraordinary ability.
Introduction:
[8 CFR 214.2(O)(3)(iv)(B)]
Evidence of extraordinary ability for aliens in the arts.
Statutory Language:
(B)(6) Evidence that the alien has 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. (8 CFR 214.2(O)(3)(iv)(B)(6))
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