The O visa category is reserved for aliens of extraordinary ability in the sciences, arts, education, business, or athletics (O-1), the artist or athlete’s support staff (O-2), and the spouse and/or children (O-3) of the principal O-1 visa holder.

To qualify, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. The category does not include extraordinary ability in the arts, motion pictures or television.  There is currently no annual cap on O visas.

Evidentiary Requirements:

The U.S. employer should file the petition (Form I-129) with:

  • A written advisory opinion from a peer group (labor organizations included) or a person designated by the group with expertise in the alien’s area of ability;
  • A copy of any written contract between the employer and the O-1 visa beneficiary, or a concise summary of the terms of the agreement under which the O-1 (and O-2, if any) visa beneficiaries will be employed, including location(s) and duration of employment;
  • Evidence that the O-1 visa beneficiary has received a major, internationally-recognized award, or evidence of at least three of the following:

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