The O-1 permits an individual to work for a specific employer for a prescribed project.
The O-1 classification can be requested by an employer to sponsor someone who has extraordinary ability in their field "demonstrated by national or international acclaim recognized in the field through extensive documentation." "Extraordinary ability" is defined as "a level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor." [8 CFR 214.2(o)(3)(II)].
This is established through a variety of documentation. Perhaps the most vital of components is the consultation with an appropriate peer group regarding the nature of the proposed work and the scholar’s qualifications. “Peer group” means a group/organization comprised of practitioners of the scholar’s professional occupation. The consultation must consist of a written advisory opinion clearly identifying the scholar as one of extraordinary ability at the very top of his/her professional field and must contain specific statements of fact to support its conclusion. The consultation is NOT binding on the Department of Homeland Security and is subject to verification. Additional provisions must be adhered to in the case of O-1 petitions for Artists and Entertainers; more specific requirements are mandated for those affiliated with Motion Picture and Television Production.
Also click here O-1 ALIEN OF DEMONSTRATED EXTRAORDINARY ABILITY for more information. |