O-1A visa is for person who has “extraordinary ability” in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim. Extraordinary ability in science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who have arise to the very top of the field of endeavor. Extraordinary ability in the arts means “distinction,” which is defined as “a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinary encountered.”
Distinctions in the Arts. The petitioner must prove beneficiary’s prominence in the field by being nominated for or the recipient of a significant international or national award or prize, such as Academy Award, Emmy, Grammy or Director’s Guild Award, or by documenting at least three (3) of the following:
(1) Lead in production having a distinguished reputation
(2) Critical reviews in major newspapers or trade journals
(3) Lead for organization that has a distinguished reputation
(4) Record of major commercial or critically acclaimed successes
(5) Significant recognition from organizations, critics, government agencies or other recognized experts in the field or
(6) Has command or will command a high salary.
O-1B visa is for person who has a demonstrated record of “extraordinary achievement” in the motion picture or television industry. O-1 visa holder must seek to enter to continue working in the area of extraordinary ability or achievement. Extraordinary achievement is a “very high level of accomplishment in the motion picture or TV industry evidenced by a degree of skill and recognition significantly above that ordinary encountered.” The person must be”outstanding or notable.”
O-2 visa is for person accompanying and assisting an O-1 artist or athlete for a specific event(s) so long as the person (i) is an integral part of such actual performance, (ii) has critical skills and experience with the O-1 that are not of a general nature and cannot be performed by other individuals and (iii) has foreign residence that (s)he has no intention of abandoning.
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