CHECKLIST OF DOCUMENTATION NEEDED
FOR O-1 (EXTRAORDINARY ABILITY) NON-IMMIGRANT VISA
For Forms [G-28, I-129 with O Supplement & I-907(optional)]
• Beneficiary's job title, non-technical job description, salary, start and end dates of employment (in mm/dd/yy – mm/dd/yy format), address of workplace if different from Company's address;
• Petitioning Company's name, IRS Tax #, name, title and email ID of the person signing the forms;
• Petitioning Company's, type of business (in a single line), address, telephone #s, fax #s;
• Basic background about the petitioning company or its website address;
• Petitioning Company's year of establishment, gross annual income, net annual income, current number of employees (specifying the number of H-1B1 employees)
• Salary survey assessor report of prevailing wages;
• Beneficiary's prior petition or application receipt number (if the beneficiary is in any nonimmigrant status in USA );
• Except for new employment, Beneficiary's petition receipt number ;
• Foreign credentials evaluation report evaluated by an accredited U.S. credentials evaluation service, please include a copy of the evaluation;
• Beneficiary's foreign address;
• U.S. Embassy or Consulate where Beneficiary will apply for O-1 visa.
• Beneficiary's social security # if they have one;
• Beneficiary's Alien Registration # if they have one;
• Copy of Beneficiary's recent passport . Send only the following pages: identification page, the page containing expiration date and pages with any U.S. visas. (It is not necessary to translate your passports).
• If you are already in the U.S . , send the following:
• Clear, legible copies of all DS-2019 or I-20 Forms issued to you;
• Clear, legible copy of any INS Form I-797, Notice of Action, ever issued to you;
• Clear, legible copies of the front and backsides of your most recent I-94 , Record of Arrival and Departure Forms, for yourself and all family members.
• City of birth, if not listed on passport;
• Home mailing address and telephone number;
• Permanent mailing address, if different than above;
• An advisory opinion from an appropriate consulting entity or a labor organization, or show that an appropriate peer group, labor organization or management organization does not exist.
• If Beneficiary's position is covered under a union contract , the employer may obtain a “ letter of no objection ” signed by an official union representative of the local chapter The letter must state the name of the employer and the name of the foreign worker, along with the name of the labor organization and the name and address of the local chapter. The letter must state that the labor organization has reviewed pertinent information about the position and the foreign worker's credentials and that the hiring of the foreign worker will not "adversely affect the wages or working conditions of U.S. workers and that, therefore, it has no objection to the hiring of the foreign worker".
• In case the Beneficiary fails to obtain the advisory opinion/No objection letter from the organizations then provide following details, for:
• O-1 Extraordinary Ability : Name of Recognized Peer Group, complete address of the Peer Group, Peer Group's daytime Tel. No. & the date on which the Beneficiary's Petition was sent to the Peer Group.
• O-1 Extraordinary achievement in motion pictures or television : Name of Labor Organization, Complete address, Labor Organization's daytime Tel. No. & the date on which the Beneficiary's Petition was sent to them and Name of Management Organization Complete address, Management Organization's daytime Tel. No. & the date on which Beneficiary's Petition was sent to them;
• Explain the nature of event for which Beneficiary seeks to enter U.S and the duties to be performed by the Beneficiary;
• Attorney's name, address, phone #, fax #, email ID, state license # and court of practice.
For Petition Letter
• Copy all degree(s) received;
• Copy of beneficiary's updated resume , including the month and year applicant began and completed university, professional school and employment;
• Copy of Affidavits, contracts, awards, honors, fellowships, media reports, articles, reviews of work and similar documentation reflecting the nature of the alien's achievement;
• Copies of publications/Exhibitions/ conference presentations (which Beneficiary think are most relevant ones) to establish qualifications for his/her O-1 visa;
• Letters from scientific, scholarly or business-related experts in Beneficiary's field attesting to his/her outstanding contributions of significance to his/her field. Attach the complete C.V.s of the writers to the letters ;
• Copies of any published material from professional journals, trade publications or major media written about Beneficiary's work in the field. Copies must include the name of the publication, date and the author ;
• Documentation of Beneficiary's participation as a judge of the work of others in his/her field;
• Evidence of Beneficiary's high salary or remuneration (if applicable);
• Documentation of Beneficiary's membership in associations which require outstanding achievements of members;
• Evidence of the receipt of national or international prizes or awards for excellence in the field by the Beneficiary;
• Any other documentation which the Beneficiary thinks might assist to establish his/her outstanding and extraordinary credentials for the position;
• Information regarding Petitioner's employment offer to the beneficiary, brief account of the offer, job requirements and responsibilities, actual date of the employment, remuneration offered, and an attested note of the beneficiary's qualifications for the position;
Please note : All documents not written in English require certified translations.
AN ALIEN OF EXTRAORDINARY ABILITY
The O-1 non-immigrant visa classification is designed for highly talented or recognized individuals and is often an attractive alternative to other non-immigrant categories such as the E, L, H, or J classifications. The category is open to artists, athletes, scientists, educators, entertainers and business people. A professional degree is not necessary and there is no prevailing wage requirement. O-2 visas are available for certain aliens accompanying O-1 aliens in the arts or athletics. The O-3 visa is for dependents of O-1 and O-2 visa holders.
O-1 applicants in the arts, athletics, education or the sciences must show extraordinary ability "demonstrated by sustained national or international acclaim." The definition of "extraordinary" differs depending on whether one is an artist or entertainer as whether one is one of the other fields. And within the entertainment field, there are special criteria for people affiliated with motion pictures or television production.
Persons coming to the US to work in the sciences, education, business, or athletics must demonstrate "extraordinary ability" by showing they have a "level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor." The petitioner for the beneficiary must show the receipt of a "major internationally-recognized award, such as the Nobel Prize" or documentation of at least three of the following:
- Receipt of nationally or internationally recognized prizes/awards for excellence in the field;
- Membership in associations in the field that require outstanding achievement of their members, as judged by recognized or international experts;
- Published material in professional or major trade publications or major media about the alien;
- Participation on a panel or as a judge of the work of others in the same or an allied field of specialization;
- Original scientific, scholarly, or business-related contributions of major significance;
- Authorship of scholarly articles in professional journals or other major media;
- Current or previous employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
- Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
- Other "comparable evidence" of eligibility.
Persons coming to work in the arts or entertainment, with the exception of those affiliated with motion pictures or television production must show "extraordinary ability" by demonstrating they have "distinction" in their field. "Distinction," in turn, means a "high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts." INS regulations define "arts" to include "any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts and performing arts." The INS has stated that "behind-the-scenes" occupations such as set designers, choreographers, music coaches and others could qualify in the O-1 category. The regulation should be read broadly to include a number of professions.
To demonstrate "distinction" the petitioner must demonstrate that the beneficiary has been nominated for or has received a significant national or international prize such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award or that the beneficiary meets at least three of the following:
- Has performed services as a lead or starring participant in productions or events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contract or endorsements;
- National or international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major trade papers, trade journals, magazines, and so forth.
- Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, and similar write-ups.
- Has a record of major commercial or critically acclaimed success;
- Has achieved significant recognition from organizations, critics, government agencies and recognized experts.
- Has commanded or will command a high salary or other remuneration in comparison to others in the field;
- Other "comparable evidence" to demonstrate "distinction."
The rules for people in the motion picture and television production industries vary somewhat from the normal rules for artists and entertainers. First, the definition of "extraordinary" is different. For these individuals, "extraordinary achievement" is defined as "a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is recognized as outstanding, leading, or well-known in the motion picture or television field." Despite the different definition of "extraordinary," INS regulations use basically the same list of evidentiary documents here as is the case for the regular artist and entertainer category. The only major difference is the fact that there is no category for "comparable evidence." The INS says that the real difference between the two categories is that it will apply a higher standard to artists and entertainers in movies and television.
Aside from meeting the evidence tests described above, a key requirement for O-1 applicants is consulting with an appropriate peer group, labor and/or management organization regarding the type of work to be performed and the qualifications of the proposed beneficiary. The "peer group" (basically, an organization of person in the same field as the beneficiary (and this group is normally a union)) must normally provide a written opinion to the INS, but the opinion is not binding. The INS Operations Instructions provides a list of acceptable peer group organizations, but this list is not exclusive.
Where an application does not include an advisory opinion or a case needs to be handled on an expedited basis, the INS will attempt to contact the peer group directly. The peer group will have one day to respond of the INS will process the application without the opinion. If the organization responds within one day, it then has another five working days to provide a written opinion. If an application is received with an advisory opinion from a peer group that is not a union and a union exists in the field, the INS will normally forward a copy of the application to the appropriate union within five days of receipt. The union then has fifteen days to respond with a written opinion. The INS will then adjudicate the application within fourteen days. In those cases where the peer group opinion is the basis of denial, the petitioner is given a chance to respond in a written rebuttal.
There are circumstances where there are no appropriate peer groups in a given field. In those cases, the INS will normally make a decision without a peer group consultation. Also, the INS will not require a new consultation if the beneficiary is reentering the US in the O-1 category within two years of a previous peer group consultation.
In motion picture and television production cases, the petitioner must consult with both a union and a management organization in the appropriate area. The opinion is expected to discuss the beneficiary's achievements and whether the position sought would normally require a person with extraordinary ability. The Alliance of Motion Picture and TV Producers normally provides the management consultation in all television and movie cases.
Application for the O-1 visa is made using the I-129 Non-Immigrant Visa Application and the O Supplement. O-2 applications are submitted with a separate application. The application is filed with all of the required evidence to the regional INS service center having jurisdiction over the place where the beneficiary will be working. There are additional rules for aliens working in more than one location or who are working for more than one employer. Acceptable O-1 petitioners include US firms, foreign employers and "established" American agents. Agents are required to provide detailed information regarding the beneficiary's itinerary and contract. O-1 applicants cannot petition for themselves. O-1 beneficiaries are not limited by any statutory limits on their stay in the US except that they are not permitted to be in the US longer than the period of the "event" described in the application. The INS will also only grant up to three years stay initially with an unlimited number of one-year extensions. Beneficiaries can enter the US up to ten days in advance of the approved activity and stay for ten days afterwards, but may not work during either ten-day period.
Finally, it is important to note that the requirements for the O-1 non-immigrant visa are very similar to the rules for the EB-1 permanent residency category for extraordinary ability aliens. One key difference is the fact that a peer group consultation is not required in the permanent category. Another is that in the permanent category, the alien can self-petition. Obviously, the main reason why people use the O-1 category instead of the permanent residency category is because the O-1 visa can be obtained much more quickly than the EB-1. |
