How to Get a Talented O1 Visa: USCIS Releases New Requirements

US Citizenship and Immigration Services published updated requirements for applicants for O1 visas, these are the so-called visas for talented, which are issued to specialists with an advanced degree and persons of exceptional ability.

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Individuals of exceptional ability or advanced degrees are not required to have a job offer if they can demonstrate that their immigration will serve the national interest of the United States. As well as the category of extraordinary ability, this classification allows you to get a green card without looking for an employer in the United States and avoids a long and difficult process of labor certification.

The USCIS has issued a guide to its officers on what documents to ask for from O-1 and National Interest Waiver visa applicants.

O-1A recipients in science, education, business, or athletics

Establishment of law

In support of the petition O-1A for a nonimmigrant worker (I-129 form) the applicant must prove that the recipient:

• Possesses outstanding ability in science, education, business or sports, as demonstrated by national or international recognition;
• Has achievements that have been documented;
• Comes to continue work in an area of ​​extraordinary ability (but it is not necessary that the specific duties to be performed require someone with such extraordinary ability).

Supporting documentation

Supporting documentation for an O-1A petition must include evidence that the recipient holds a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:

• Documentation of the receipt by the beneficiary of national or internationally recognized prizes or awards for outstanding achievements in the field of his activity;
• Documentation of the beneficiary's membership in scientific or professional associations that require outstanding achievement by their members;
• Published material written by or about the applicant, in professional or major trade publications or mainstream media, relating to the work of the beneficiary in the field for which the visa is being sought. These visa application materials should include the title, date and author of the published material, as well as an English translation (if applicable);
• Evidence of the recipient's membership in a college or individually as a critic of the work of others in the same or related area of ​​specialization for which classification is sought;

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• Evidence of the recipient's original scientific, academic, or business-related contribution of great value in the field;
• Evidence of the authorship of the recipient of scientific articles in this field, in professional journals or other major media;
• Evidence that the recipient has worked in responsible or important positions in organizations and institutions with an outstanding reputation; or
• Evidence that the recipient has either received high wages or will require high wages or other remuneration for services as evidenced by contracts or other reliable evidence.

O-1B recipients in the arts and in film or television

Supporting documentation for an O-1B (Art) petition must include evidence that the recipient has won or been nominated for a significant national or international award in a particular field (such as an Academy Award, Emmy, Grammy, or Directors Guild Award). Or at least three of the following forms of evidence:

• Evidence that the recipient has performed services as a leading or main participant in productions or events of outstanding reputation, as evidenced by critical reviews, advertisements, promotional releases, publications, or contracts;
• Evidence that the recipient has achieved national or international recognition for achievement as evidenced by critical reviews or other published material about them in major newspapers, trade magazines or other publications;

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• Evidence that the recipient has, and will continue to play, a leading, leading role in organizations and institutions of outstanding repute, as evidenced by articles in newspapers, trade magazines, publications, or testimonials;
• Evidence that the recipient has significant commercial or critical success, as evidenced by metrics such as title, rankings, industry reputation, box office receipts, film or television ratings, and other professional achievements as reported in trade magazines , newspapers or other publications;
• Evidence that the recipient has received significant recognition for achievement from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary works. Such testimonials should be in a form that clearly indicates the credibility of the author, the experience and knowledge of the beneficiary's accomplishments; or
• Evidence that the recipient has either received a high salary or will receive a high salary or other substantial remuneration for services, as evidenced by contracts or other reliable evidence.

The USCIS update emphasizes that an applicant may not follow this list of requirements exactly. Especially if he understands that he has other evidence of his extraordinaryness, which are no less important than those listed.

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