Van Der Hout LLP

O-1 Science, Education, Business, Athletics - 07-09

Requirements For 0-1 Nonimmigrant Visa

(Sciences, Education, Business And Athletics)

A. The alien must be recognized as having a demonstrated record of sustained extraordinary achievement as demonstrated by the following [8 C.F.R. § 214.2(o)(3)(iii)]:

1. Receipt of a major, internationally recognized award, such as the Nobel Prize;


2. The alien must demonstrate at least three of the following forms of documentation:

  1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  2. Membership in associations in the field which require outstanding achievements of their members;
  3. Published material in professional or major trade publications or major media about the alien concerning the alien’s work in the field;
  4. Participation on a panel, or individually, as a judge of the work of others in the field;
  5. Scientific, scholarly, or business-related contributions of major significance in the field;
  6. Authorship of scholarly articles in the field in professional journals or other major media;
  7. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
  8. High salary or other remuneration commanded by the alien for services.

3. If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence.

B. Consultation requirement [8 C.F.R. § 214.2(o)(5)(ii)]

The alien must submit an advisory opinion from a peer group and must describe the alien’s ability and achievements and state whether the position requires the services of an alien of extraordinary ability. The opinion must contain a statement of facts which support the conclusion (if it is negative).

C. General Documentary requirements [8 C.F.R. § 214.2(o)(2)(iii)]

1. Affidavits, contracts, awards, etc., to establish three of the eight factors described above.

2. The documents must reflect the nature of the alien’s achievement.

D. Admission

The beneficiary may be admitted pursuant to an initial petition for a period up to three years. Extensions of one year at a time are available. Admission to the U.S. is permitted up to ten days prior to the period of validity of the petition and the beneficiary may be authorized to remain up to ten days after the validity period ends. The beneficiary may not work except during the validity period of the petition.

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