O Visas for Extraordinary Ability Entertainers, Athletes and Others
O visas consist of three sub-categories, O-1, O-2 and O-3.
O-1 visa is issued to aliens who has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim. This is a very broad category for aliens with extraordinary ability. It covers almost every area of social and natural science. Arts can includes any field of creative activity or endeavor such as fine arts, visual arts, culinary arts, and performing arts. For example, an executive chef can apply for O-1 as an alien with extraordinary ability in the field of culinary arts. USCIS also defines arts to cover “aliens engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.”
O-2 visa is issued to aliens who accompany or assist in the artistic or athletic performance by the O-1 aliens. The O-2 visa holders must be an integral part of such actual performance or events, and possess critical skills and experience with the O-1 aliens. Such skill and experience should not be a general nature and not possessed by other individuals. If the O-2 aliens come to the U.S. for movie or TV production, their skills and experience must be based on a pre-existing longstanding working relationship with the O-1 principal aliens. In the case of a specific move or TV production, a long-standing relationship is not required, if the aliens’ participation is essential to the successful completion of the production.
O-3 visa is issued to family members (spouse/children) of O-1 and O-2 aliens. They can accompany or follow to join the principals. They cannot work without authorization.
Distinction between O-1 and EB-1A Aliens with Extraordinary Ability
Although both the O-1 and EB-1A requires aliens to have extraordinary ability in the field of sciences, arts, education, business or athletics etc., O-1 category is a nonimmigrant visa permitting limited period of stay in the U.S., EB-1A is an employment-based immigrant first preference category. Aliens under this EB-1A category are eligible to apply for permanent residence status (green card). Click EB-1A Aliens with Extraordinary Ability for more information.
Length and Extension of Stay in the U.S. O visa is granted for the length of time necessary to provide for the event or activity for which the O-1 alien’s service is required, up to three years. Extension of stay can be granted in increments of one year. As long as his/her service is required extension can be applied consecutively.