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What are the eligibility requirements for obtaining an O-1 visa for individuals with extraordinary ability in science or business?

To be eligible for an O-1 visa for individuals with extraordinary ability in science or business, the applicant must meet the following requirements:

  1. Extraordinary ability: The applicant must demonstrate sustained national or international acclaim in the field of science or business, and possess a level of expertise indicating that they are among the top few in their field.
  2. Recognition: The applicant must have received significant recognition for their achievements, including awards, prizes, publications, or other forms of recognition in their field.
  3. Job offer: The applicant must have a job offer to work in their field of extraordinary ability from a U.S. employer, agent, or organization.
  4. Labor certification: If required for the field, the applicant must obtain a labor certification from the U.S. Department of Labor.
  5. Advisory opinion: The applicant must obtain an advisory opinion from a peer group or labor organization in their field, attesting to their extraordinary ability.

It is important to note that meeting these requirements does not guarantee approval of the visa application. Each application is evaluated on a case-by-case basis, and other factors may be considered in the evaluation process.

If an applicant does not meet the eligibility requirements, they may consider other visa options, such as the H-1B visa for specialty occupations or the E-2 visa for investors. It is recommended that applicants consult with a licensed immigration attorney to assess their eligibility and explore their options.