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What are the requirements for obtaining an O-1 visa for an individual with extraordinary ability in the arts?

Picture of Chris Battis By   ·  1 minute read

To obtain an O-1 visa for an individual with extraordinary ability in the arts, there are several requirements that must be met based on current laws and legal precedents in the relevant jurisdiction. These are as follows:

  1. Extraordinary ability: The individual must demonstrate extraordinary ability in the arts, which means that they have achieved national or international recognition for their work. This can be demonstrated through awards, accolades, critical reviews, and other forms of recognition.
  2. Specific field: The individual must be coming to the United States to work in their specific field of extraordinary ability. This means that they must have a job offer or an itinerary of planned engagements that are related to their field.
  3. Advisory opinion: The individual must obtain an advisory opinion from a peer group or an expert in their field, which verifies their extraordinary ability and their proposed work in the United States.
  4. Length of stay: The O-1 visa is granted for up to three years initially, with the option to extend in one-year increments. The length of stay must be directly related to the proposed work in the United States.
  5. Employment sponsorship: The individual must have a U.S. employer or a U.S. agent who will sponsor their O-1 visa application.
  6. Proof of ties to their home country: The individual must demonstrate that they have ties to their home country, such as a residence or family, which will ensure that they will return home after their stay in the United States.

It is important to note that there may be limitations or exceptions to these requirements, depending on the individual case. For example, a waiver of the advisory opinion requirement may be granted if it is not feasible for the individual to obtain one.

If an individual meets these requirements, they can submit an application for an O-1 visa through the U.S. Citizenship and Immigration Services (USCIS). It is recommended that they consult with an experienced immigration attorney to ensure that their application is complete and accurate.