Artists, Scientists, Entertainers and Athletes

O Visas – Aliens of Extraordinary Ability

The O-1 non-immigrant visa was established to enable non-US citizens with extraordinary ability to enter and work in the United States of America.

Candidates applying for the O-1 visa must be coming to the United States to work in their field of endeavor. They must have an employer or US agent file a petition.

The O1 visa applicant must fit into one of three different categories; they need to have one of either: 

• Extraordinary ability in the sciences, education, business or athletics;

• Extraordinary ability in the arts;

• Or experienced extraordinary achievement in the motion picture or TV industries.

The qualifying criteria for the O-1 visa is stringent and only applicants who have received awards or major prizes for achievement in their field, such as a Nobel peace prize or other internationally recognized awards should apply.

The O-1 visa may be issued initially for three years, or as is often the case with athletes and performing artists, as long as is deemed necessary to finish competition or complete an activity. The spouse and unmarried children under the age of twenty-one of an O-1 visa holder may apply for O-3 visa status in order to accompany the O-1 visa holder to the United States.

An O-1 Visa holder may work for more than one employer at the same time so long as each employer has filed a successful separate petition. Similarly, an O-1 individual may change employers as long as the new employer has filed a petition.

O-2 Support Visa

The O-2 visa is offered to support personnel of O-1 Visa holders in the fields of entertainment, athletics, and the motion picture and television production industries.

The O-2 visa is not available to support O-1 holders who are to be employed in the fields of science, business or education.

To be eligible for the O-2 visa, you must prove that you:

• Are an integral part of the actual performance of the O-1 principal visa holder.

• Will work and provide support only to the O-1 visa holder.

• Have critical skills and experience that are not of a general nature and cannot be performed by U.S. citizens.

For example, in the world of athletics, support personnel that would most commonly apply for the O-2 visa includes coaches, trainers, referees, umpires, and interpreters.

As the O-2 visa is a non-immigrant category visa, applicants will have to prove:

• They maintain a foreign residence they do not intend to abandon;

• And that their work in the United States is temporary.

Like the O-1 visa, the O-2 visa is normally valid for three years, or as long as is deemed necessary to finish competition or complete an activity. Extensions may be granted in one year increments.

O-2 Visa holders can be accompanied by their spouse and dependent children in the United States, who must apply for O-3 visa status in order to do so. O-3 Visa holders may join the principal O-2 visa holder at any time, and can enter and leave the United States as many times as they wish during the validity of the visa.

O-3 Spouse/Dependents Visa

The O-3 visa allows the spouse and any dependents under the age of 18 of an O1 or O2 visa holder to enter the United States.

An O-3 visa holder may remain in the US as long as the O1 or O2 visa holder retains their legal status in America.  If the O1 or O2 visa expires, the O3 holder’s visa also becomes invalid.

The O-3 holder does not necessarily need to accompany the main O-1 or O-2 holder into the United States, they may follow at a later date and are able to leave and re-enter the country as many times as they wish as long as the visa remains valid.

O-3 visa holders may study in America but they are not permitted to work in the country.