Non-Immigrant Visas: O Visa

The O visa classification is reserved for aliens of “extraordinary” ability in the sciences, arts, education, business or athletics as well as certain aliens accompanying or assisting those aliens and their family members.

There are three features to this classification:

1. The alien must be extraordinary (i.e., they must be superior to others in terms of knowledge, ability, expertise and accomplishments);
   
   
2. The position to be filled must require the services of an extraordinary person; and
   
   
3. The ability of the alien must be corroborated by an opinion from a source in the alien’s field

O-1 is defined as aliens of extraordinary achievement or ability in the:

• motion picture or television industries, or
• arts or sciences, education, business or athletics.

O-2 is defined as aliens who accompany or assist O-1 aliens in artistic or athletic performances.

Please contact us for more information/requirements on these specific categories.

Key Points

• No numerical limitations exist as to the number of O visas issued annually.
  
  
• All O-1 non-immigrants do not need to have residence abroad from which they have no intention of abandoning; nor must they seek to enter the United States temporarily.
  
  
• Conversely, O-2 non-immigrants must maintain both a foreign residence and the temporary entry requirements.
  
  
• The maximum period of validity for an approved O-1 or O-2 petition is three (3) years. Extensions may be requested in one-year increments and O non-immigrants are not subject to an overall time limit.
  
  
• Spouses and minor children of O-1 and O-2 non-immigrants are eligible for O-3 status. They are subject to the same authorized period of stay and may not accept employment.
  
  
• The regulations allow agents to file petitions in lieu of employers for an alien who is traditionally self-employed or who plans to arrange short-term employment with numerous employers. O aliens are not allowed to petition for themselves.

Should you have questions about the O Visa or other immigration matters contact us for professional and personalized legal counsel.