The Ideal O-1 Candidate

According to the INA Section quoted at the start of this review, the ideal O-1 candidate is a person who has received sustained national or international acclaim for their extraordinary ability in the sciences, arts, education, business or motion picture industry.

0-1 For Arts / Music Entertainers:

Non-immigrants in the arts must show a high level of achievement as demonstrated by the degree of skill and has received recognition substantially above that ordinarily encountered and is recognized as prominent, i.e. renowned, leading or well known.

O-1 For Motion Picture and Television:

Non-immigrants in television and motion picture industries must show that they have attained a very high level of accomplishment evidenced by a degree of skill and recognition significantly above that ordinarily encountered and are recognized as outstanding, notable, or leading. (8 C.F.R. Section 214.2(O)(3)(ii)

O-1 For Science, Business, Education and Athletics:

Non-immigrant in this field must demonstrate sustained national or international acclaim and whose achievement has been recognized in the field through extensive documentation. Congress further stated that extraordinary priority worker classification (EB1 Green Card Status) is ‘reserved for that small percentage of individuals who have risen to the very top of their field of endeavor”. This report further argued that the definition of O-1 non-immigrants is identical to that for EB1 - priority workers. As discussed above based on reports of Congress many attorneys will file for both O-1 and EB1 status. This having been said, success at the O-1 level does not automatically guarantee success at the EB1 level. This is especially true for arts and motion picture based applicants, because a person can be very well known but not be deemed at the very top of their field of endeavor. (INA section 203(b)(1)(a)(i), as amended by IA90, section 121(a).

Commentary on the three categories of 0-1 Visas:

It perhaps interesting to note that the statute defining the O-1 classification does not require extensive documentation, except for aliens in the motion picture and television industries who must show extensive documentation but not sustained national or international acclaim. Therefore, for O-1 Arts, Science, Business, Education and Athletes sustained national or international acclaim must be well documented.

Entertainers Visa Guide: O1