Extraordinary Ability (aka "distinction") in the Arts

Extraordinary ability in the arts means "distinction".  This requires the petitioner to establish only that the artist is "prominent in his or her field".

How to prove distinction in the Arts

It must be shown that the O-1 artist is recognized as being prominent in his or her field, either by showing that the artist as been nominated or has recieved a significant national or internation award or prize, or with evidence that the beneficiary meets at least three of the following:

• Has performed/will perform services as a lead/starring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts, or endorsements;
• National/international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major papers, trade journals/magazines, etc.;
• Has performed in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.;
• Has a record of major commercial or critically aclaimed success;
• Has achieved significant recognition from organizations, critics, government agencies, recognized experts; or
• Has commanded or will command a high salary/other remuneration to others in the field

***If the above criteria do not clearly meet your situation, USCIS does permit "comparable evidence".  It should be noted that there is some flexibility with the O-1 through creative advocacy.

How to prove extraordinary ability for scientists, educators, business persons, and athletes

Proving extraordinary ability for a scientist, educator, business person, or athlete is generally more rigorous than it is for artists.  Extraordinary ability here is shown by providing evidence either of the beneficiary's receipt of a "major, internationally recognized award, such as the Nobel Price", or documentation of at least three of the following:

• Receipt of nationally or internationally recognized prizes/awards for excellence in the field;
• Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts;
• Published material in professional or major trade publications or major media about the alien;
• Participation on a panel or as a judge of the work of others in teh same or an allied field of specialization;
• Original scientific, scholarly, or business-related contributions of major significance;
• Authorship of scholarly articles in professional journals or other major media;
• Current or previous employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
• Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

General Application procedure

• Application for O-1 Visa is submitted through USCIS on Form I-129 ($320 USCIS filing fee)
• Premium processing for a response within 15 calendar days can be elected for an additional USCIS filing fee of $1,000
• O-1 cannot petition for himself - must petition through an employer or agent
• If application is being submitted by an agent, the agent must include an itinerary
• A written advisory opinion from an appropriate union or consulting group describing the beneficiary's skills/experience and the nature of the work to be done
• Additional items to include are letters or recommendation, evidence of the beneficiary's work, supporting brief, and any other supporting information

Consultations/Written Advisory Opinions

Generally speaking, a consultation/written advisory opinion is required from a labor uion before an O-1 visa petition may be adjudicated.  If a union has a collective bargaining agreement in the field, that is the appropriate union with which to consult.  Otherwise, a union with expertise in the field is appropriate.  If there is no labor union in the field, the requirement is waived.  If the worker will be employed in arts, entertainment, or athletics and the application merits expeditious handling, then the application may be submitted without an consultation/written advisory opinion.  If the beneficiary will be employed in science, education, business or athletics, the written advisory opinion must be obtained from a "peer group" from the worker's field or an individual with expertise in the beneficiary's field.  A peer group is a group of individuals or an organization that is comprised of practitioners in the beneficiary's field.