Extraordinary Ability Visas: O Classification Text Size:

Nonimmigrant visas allow noncitizens to come to the US for specific temporary purposes and periods. Students, tourists, and foreign government officials commonly have nonimmigrant visas. The "O" classification of nonimmigrant visas applies to people with extraordinary abilities in science, art, education, business, athletics and the entertainment industries. If you seek a visa under the O classification, you must:

• Be extraordinary in your field. This is measured by your knowledge, ability, expertise and accomplishments
• Support your claim with an opinion from an authority in your field
• Continue working in your field while in the US. Your job doesn't have to require performance by a person with extraordinary ability

There are several categories within the O classification:

• O-1 includes people with extraordinary abilities in science, arts, education, business or athletics or extraordinary achievement in movie or television industries
• O-2 includes people who accompany or assist those with O-1 visas in their artistic or athletic performances
• O-3 includes spouses or unmarried minor children of those with O-1 or O-2 visas who come with them or are joining them in the US

The O category was added by the Immigration Act of 1990. Before this law's passage, most noncitizens eligible for O visas would have qualified as H-1B temporary workers. The O visa category came about in part to address perceived abuses in the H-1 visa program. As a result, the O visa category incorporates concepts found in H-1 regulations and court decisions.

Other O Visa Requirements

The Immigration and Nationality Act (INA) requires you to prove nonimmigrant intent to the consular officer issuing the visa and to the immigration inspector when you're admitted to the US. The issue of nonimmigrant intent also arises for extension of stay, or change of status.

If you're seeking an O-1 visa, you won't have to show that you have a foreign residence and that you don't intend to abandon it. You also don't have to seek to enter the US temporarily. Those seeking an O-2 visa, on the other hand, must meet foreign residence and temporary entry requirements. These requirements are closely related: someone who doesn't plan to abandon a foreign residence is coming to the US on a temporary basis.

O Visas and Seeking Permanent Residence

A common question is whether seeking permanent residence conflicts with the nonimmigrant intent requirement. Generally, the US Department of State holds that filing a preference petition for approval of a labor certification isn't a ground to deny a nonimmigrant visa. An O applicant can have the intent to lawfully seek permanent residence.

Formal Employment and Self-Employment

You can't file an applicant for an O visa yourself. A US employer or agent must file your application. Some people seeking O visas are self-employed, like entertainers, composers or authors. Agents are allowed to file for them. For the purposes of the O visa, an employer is the person, business, or other institution that benefits from your work. You'll have to provide proof of your employment or engagements. Forms of proof include an employment contract or a summary of your employment agreement. An agent can file an itinerary for someone who is self-employed, like a performer, or who expects to work on a short-term basis for several employers.

Questions for Your Attorney

• What is duration of an O visa, and can I get an extension? More than one extension?
• I think I'll need to be in the US for several months at a time over the next couple of years. Will I have to apply for multiple O visas?
• In proving my abilities, does the person providing an opinion on my ability have to be an authority from the US, or can I use an expert from my home country?
• Do I have to show that I have an advanced degree in my field, if available?

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