O-1 Extraordinary Ability

The O-1 category is a nonimmigrant classification for foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics, which has been demonstrated by sustained national or international acclaim. The O-1 is also available to individuals with a demonstrated record of extraordinary achievement in the motion picture or television industry.

The O-1 classification is employer-specific and requires the employer to file a petition with U.S. Citizenship and Immigration Services, along with evidence of the individual's extraordinary ability. The O-1 employment must be in the field of the applicant's expertise, though the employer is not required to demonstrate that an individual of extraordinary ability is required for the position. There is no explicit limitation on the period of stay in O-1 classification. An initial petition may request a validity period of up to three years, and subsequent extensions may be requested in one year increments.

Although many employers may consider their potential employees to be "extraordinary," specific standards, such as receipt of nationally or internationally recognized prizes or awards for excellence in the field, authorship of scholarly articles, or other high levels of notable recognition govern this classification. Grzeca Law Group has been very successful in obtaining O-1 classification for many individuals, including those employed in fields such as the arts, sciences, hospitality and management.

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