The Immigration & Nationality Act (INA) section 203(b)(1)(A) specifies that foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics, may immigrate to the United States if they are seeking entry to continue work in the area of their ability that would substantially benefit the United States.

Foreign nationals of extraordinary ability, as measured by sustained national or international acclaim and achievements who have been recognized in the field through extensive documentation, are classified as first preference priority worker immigrants. Aliens qualifying under this category may self petition, no employer is needed.

Evidence to support a claim of extraordinary ability may include a major internationally recognized award, such as a Nobel Prize. However, if the applicant does not possess such an award, they may seek to show their eligibility for an O Visa through presentation of at least three of the following ten items:

▪ Documentation of receipt of lesser national or international awards or prizes;

▪ Membership in associations in the field that require outstanding achievements of members;

▪ Published material about the alien in professional or major trade publications or other media;

▪ Evidence of the alien’s participation as a judge of the work of others in the same or an allied field;

▪ Evidence of the alien’s original scientific, scholarly, artistic, athletic or    business related contributions of major significance;

▪ Authorship of scholarly articles in professional or major trade publications or other major media;

▪ Display of alien’s work in artistic exhibitions or showcase;

▪ Evidence that the alien has performed in a leading or critical role for organization or establishments with a distinguished reputation;

▪ Evidence that the alien has commanded a high salary or significantly high remuneration for services in relation to others in the field; or,

▪ Evidence of commercial success in the performing arts.

Considering an O Visa is highly restrictive and meant to specifically benefit the small percentage of individuals who have risen to the very top of their field, it is recommended you contact one of our immigraton attorneys to discuss your eligibility for an Extraordinary Ability Visa (O Visa).