Arts, Athletics, Entertainment, Sciences, Business, and Education Temporary Visa: (O1 Visa, O2 Visa, and O3 Visa)

O visas are short-term work visas available for persons doing specialized work in the arts, athletics, sciences, business, entertainment, and education. The Immigration and Nationality Act requires that the O1 Visa applicant have an “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, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability.”

Duration & Limits of O Visas

There are no limits to the amount of available O Visas. Each O visa is valid for the length of time necessary for a particular event, tour, or season, up to a maximum of three years. O visas may be extended for one year periods in unlimited increments.

Applicants of extraordinary ability in science, education,business, or athletics eligible for O visas must satisfy at least three of the following requirements

Received a Nationally recognized prize or award for excellence;

  • Be a Member in associations that require outstanding achievements of their members in the Applicant’s field of expertise;
  • Have published material in professional or trade publications or have major media attention related to the Applicant and the Applicant’s work;
  • Have Participated on a Panel or individually as a Judge of the work of others in the Applicant’s field of expertise;
  • Made Scientific, Scholarly, or Business-related contributions of major significance in the Applicant’s field of expertise;
  • Authored Scholarly Articles in professional journals;
  • Have Commanded or command a high salary or other compensation for the Applicant’s expertise;

    • Applicants of extraordinary ability in the arts and entertainment,except movies and television, must establish three of the following to qualify for a O1 Visa

  • Evidence that the Applicant has or will perform services as a lead orstarring participant in productions or events that possess a distinguished reputations as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
  • Evidence that the Applicant possesses national and/or international recognition for achievement evidenced by critical reviews, other published materials by or about the beneficiary in major papers, trade journals, magazines, or other publications;
  • Evidence that the Applicant has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by major papers, trade journals,magazines, or other publications, or testimonials;
  • Evidence that the Applicant has a record of major commercial or critically acclaimed success and other occupational achievements reported in trade journals, magazines, or other publications;
  • Evidence that the Applicant has achieved significant recognition from organizations, critics, government agencies, recognized experts;
  • Evidence that the Applicant has commanded or will command a high salary or other compensation in relation to others in the field.

    • Applicants for O1 Visas in movies or television must show at least 3 of the following

  • 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; or
  • 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;
  • 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;
  • 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;
  • Evidence that the Applicant 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 picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
  • Evidence that the Applicant has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the Applicant is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the Applicant’s achievements; or
  • Evidence that the Applicant 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.

    • O1 Visas

    O1 Visas are important for J1 and J2 Visa Holders as many holders of J1 and J2 Visas are not permitted to obtain H Visa or L visa status until they have spent at least two years in their home country, however O1 Visas may still be a viable option.
    For more information in whether a O1 Visa is appropriate for you and to navigate through the voluminous detailed rules and restrictions of O Visas, contact Gerald & Cipolla and Associates for a consultation.

    O2 Visa – Essential Support Stat For People With O1 visas

    O2 Visas are available for Applicants who work as essential support personnel of O1 Athletes, Artists, and Entertainers. O2 visas are not available for persons that assist O1 visa holders in business, education,and science. O2 visas are valid for the length of time necessary for a particular event, tour, or season, up to a maximum of three years. O2 visas may be extended for one year periods in unlimited increments.

    O2 Visa Requirements:

    The requirements for O2 Visa Applicants are as follows:

  • The O2 applicant is an integral part of such actual performance;
  • The O2 Applicant has critical skills and experience which are not of a general nature and which cannot be performed by other individuals;

    • The requirements for Motion Picture or Television O2 Applicants are as follows:

  • The O2 Applicant has skills and experience that are not of a general nature and which are critical either based on a pre-existing long-standing 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;
  • the continuing participation of the O2 Applicant is essential to the successful completion of the production.

    • For more information in whether a O1 Visa is appropriate for you and to navigate through the voluminous detailed rules and restrictions of O Visas, contact Gerald & Cipolla and Associates for a consultation.

    O3 Visa – Accompanying Relatives of Those With O1 and O2 Visas

    O3 Visas are available to accompanying spouses and unmarried children under the age of 21 of O1 and O2 Visa Holders. O3 Visa Holders may not work, however may apply for a green card while in the United States on a O3 Visa.

    For more information in whether a O1 Visa is appropriate for you and to navigate through the voluminous detailed rules and restrictions of O Visas, contact the Law Offices of Ashley Dworsky for a consultation