In order to qualify for a visa in this category, one must take the time to understand what the INS means by the term extraordinary ability or in the case of movies or television industry, what the INS means by "extraordinary achievement." "Extraordinary ability" means that the alien has reached a level of expertise which refelcts that he/she is one of a small percentage who have risen to the very top of his/her field of endeavor. The INS rules also require that the position the alien is coming to fill requires the services of an individual of extraordinary ability.

To qualify for an O-1 visa, individuals in the "arts" related to the motion picture or television industry are held to a slightly different standard that others applying for an O-1 visa. They must document "extraordinary achievement" through a record demonstrating that they have achieved "distinction" or prominence in their field. "Distinction" means a high level of achievement and skill substantially above that ordinarily encountered to the extent that the alien described as prominent is renowned, leading, or well-known in the field.

To qualify for this visa, the applicant must provide documentation establishing extraordinary ability by showing that the alien has sustained national or international acclaim and recognition, or receipt of a major internationally-recognized award, such as a Nobel Peace Prize. The employer may also show that the alien qualifies as an individual of extraordinary ability by submitting evidence of three of the following possible criteria:

a.) Documentation of the receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor; 

b.) Documentation of membership in associations in the field which require outstanding achievements as judged by recognized national or international experts in their disciplines or fields; 

c.) Published material in professional or major trade publications or the media about the alien and his work in the field. This must include the title, date, and author of the published material, and any necessary translations;

 d.) Evidence that the alien has participated on a panel, or individually, as a judge of the work of others in the same field or an allied field for which classification is sought; 

e.) Evidence of the alien's authorship of original scientific or scholarly, or business-related research contributions of major significance in the field; 

f.) Evidence of authorship of scholarly articles in the field, in professional journals, or other major media; or 

g.) Evidence the alien either has or will command a high salary or other high remuneration for services, evidenced by contracts or other reliable evidence.

The employer must also show that the alien will be coming to the United States to continue in the area of extraordinary ability by showing that the position requires the services of an individual with extraordinary ability.

Other criteria are available for performing artists and other aliens of extraordinary ability and achievment in television and motion picture. Additionally, given the close dovetailing between the definition and criteria of the O-1 visa and the EB-1 Priority Workers, properly documenting an O-1 visa is often useful for subsequent preparation of a petition for permanent residency. For more information about the O-1 visa, including these categories, or for assistance in preparing an application for an O-1 alien, please contact Thomas Bassett and Associates.

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