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Aliens with Extraordinary Abilities

What is an “Extraordinary Ability?”In order for the U.S. government to accept that you have an extraordinary ability, you have two options: Either you must have received a major, international award, like the Nobel Prize, or you must have three of the following:

  •  Proof that you got prizes or awards for your excellence in your field that are nationally or internationally recognized.
  •  Proof of your membership in associations in your field that you must have outstanding achievements in order to join, which are decided by national or international experts in that field.
  •  Copies of published writings in major trade or professional publications, or in major media about you, relating to your work in your field. Be sure they include the title, date, and author as well astranslations if the article is not in English.
  • Proof of your participation as a judge (either on a panel or individually) of others’ work in this field.
  • Proof of your original business-related, scientific, or scholarly contributions of major significance in your field.
  • Proof that you wrote scholarly articles in your field, either in professional journals or in some other form of major media.
  •  Proof that you haveworked in an essential or critical capacity for companies and organizationswhich have a very distinguished reputation.
  •  Proof that you have either received a high salary or that you will receive a high salary or other significantpayment for your services, proven by showing copies of contracts or other credible evidence.

What types of visas can someone with an Extraordinary ability get?If you want to come to the United States permanently, you will need to get an “Employment Based,” or “EB” class of visa, which are discussed in more detail in this article. If you want to come to the United States temporarily, you will need to get an “O” class of visa, explained below.

What are the different types of O visas for aliens with Extraordinary Abilities?There are three types of O visas for people with extraordinary abilities, plus one just for the spouse and children of the person with the extraordinary ability.

  •  O-1A:This visa is for people who have an extraordinary ability in the sciences, athletics, business, or education.
  • O-1B:This visa is for people who have an extraordinary ability in the arts or who have an extraordinary achievement in the television or motion picture industries.
  • O-2:This visa is for the people who will go with the O-1 artist or athlete to help with a specific performance or event. Their services must be so important to the O-1 visa holder that the performer could not continue without the O-2’s help, and the O-2 could not be replaced with an American employee.
  • O-3: This visa is for people who are the children or the spouse of O-1 and O-2 visa holders.

How do I apply for an O visa for aliens with Extraordinary Abilities?The first thing you must do is to get an “advisory opinion.” An advisory opinion is like a letter or statement from a consultant, such as a management organization, labor organization, orpeer group in your field. Make sure this advisory opinion says that you have extraordinary abilities in this field and that these abilities are needed in order to do the type of work you are going to do. Next, your prospective employer must file Form I-129, Petition for Non-Immigrant Worker, and must include an O/P Supplement. Make sure to request consular processing even if you are already in the United States. The advisory opinion (or a request for a waiver of the advisory opinion requirement) should be included in the application.

How much does an O visa for aliens with Extraordinary Abilities cost?It costs $325 to file the Form I-129, Petition for Non-Immigrant Worker that you will need to get your O visa for an alien with extraordinary abilities.

Can my spouse and child come with me if I come to the United States on an O visa for aliens with Extraordinary Abilities?Yes. They will need to apply separately for an O-3 visa.

Where can I get Form I-129, Petition for Non-Immigrant Worker with an O/P Supplement? You can download Form I-129, Petition for Non-Immigrant Worker with an O/P Supplement for FREE from our site! Some places will charge you $30 or more for this form, but we will let you download it so you will be able to keep it forever and use it again next time you need it.