Extraordinary ability, what does this means?
O Nonimmigrants Visa for Individuals of Extraordinary Ability or Achievements
The O Nonimmigrants Visa for Individuals of Extraordinary Ability or Achievements has various categories and subcategories.
O-1A and subcategories
First, there is the O-1A category for aliens of extraordinary ability in the field of sciences, arts, education, business, or athletics. Then, you have subcategory O-2 for essential support aliens who are going to accompany O-1 visa beneficiaries in the fields of arts and/or athletics. O-3 subcategory which is for the dependent spouse and/or minor children of beneficiaries of O-1 and O-2 visas.
O-1B Artists and Entertainers
Second category is the O-1B category for aliens of extraordinary ability in the field of the arts. This category is subdivided in two. One O-1B subcategory for artists and entertainers as well as directors, cinematographers, writers, producers, and other essential technical and creative personnel in motion picture or television productions and the other for artists and entertainers except those affiliated with motion picture or television productions.
O-1A and Extraordinary Ability
When requesting the O-1A visa classification in sciences, education, business, and athletics the beneficiary needs to prove what the United States Citizenship and Immigration Services, USCIS, has named extraordinary ability.
USCIS has defined extraordinary ability in this visa O-1A classification as 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. This level of expertise may be proved by submitting evidence of the beneficiary being receipt of a major, internationally recognized award, such as the Nobel Prize or documentation of at least three of the following:
1. Receipt of nationally or internationally recognized prizes/awards for excellence in the field;
2. Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts;
3. Published material in professional or major trade publications or major media about the foreign national;
4. Participation on a panel or as a judge of the work of others in the same or an allied field of specialization;
5. Original scientific, scholarly, or business-related contributions of major significance;
6. Authorship of scholarly articles in professional journals or other major media;
7. Current or previous employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
8. Past of proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
O-1B and Extraordinary Achievement
USCIS have established that O-1B beneficiaries that are artists and entertainers in motion picture or television productions do not need to prove the high standard of extraordinary ability but an intermediate one called extraordinary achievement. Extraordinary achievement is defined in the Code of federal Regulations, CFR, as a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.
O-1B and Distinction
The seekers of the benefits of the O-1B for artists and entertainers except those affiliated with motion picture or television productions need to prove what USCIS has defined as distinction. Distinction is defined in the CFR as 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 describes as prominent is renowned, leading, or well-known in the field of arts. This standard of distinction can be proved by evidence of receiving a significant national or international award or prize, such as an Academy Award, and Emmy, a Grammy, or a Director’s Guild Award, or evidence of at least three of the following:
1. Has performed/will perform services as a lead/starring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts, or endorsements;
2. National/international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major papers, trade journals/magazines, etc.;
3. Has performed in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.;
4. Has a record of major commercial or critically acclaimed success;
5. Has achieved significant recognition from organizations, critics, government agencies, recognized experts; and/or
6. Has commanded or will command a high salary/other remuneration in relation to others in the field.
Ballet artists and O-1B Visa
Ballet dancers, choreographers, and teachers usually pertain to the O-1B subcategory for artists and entertainers except those affiliated with motion picture or television productions. So, if applying for this visa category the ballet artist needs to prove distinction.
America is a melting pot of immigrants. So actually, if you took all of the immigrants outside of America, you’d be missing a lot of flavor, starting with the food, with the culture, with the dance, with everything. ---Wyclef Jean