Extraordinary Ability Visas

EB-1A Extraordinary Ability (Green Card)

The EB-1A category is a swift pathway to an employment-based visa, as it does not require a PERM Labor Certification or a job offer from a U.S. employer. However, preparing the petition can be intensive and challenging, especially for those early in their careers. A knowledgeable team can help put together a strong petition, increasing the chances of success.

EB-1A applicants can self-petition, meaning an employer sponsor is not necessary. The process typically begins with filing Form I-140 and submitting supporting documentation. Upon approval of your I-140 and once your priority date is current, you can file Form I-485 to adjust your status. In some cases, you can file Form I-140 and Form I-485 concurrently, which speeds up the process. This concurrent filing is possible when your priority date is current, meaning a visa is available, and you qualify to apply for adjustment of status.

To qualify, you must file Form I-140 along with evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) or evidence that you satisfy at least three of the following criteria:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Membership in associations in the field that demand outstanding achievement
• Published material about you in professional or major trade publications or other major media
• Judging the work of others, either individually or on a panel
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Authorship of scholarly articles in professional or major trade publications or other major media
• Your work displayed at artistic exhibitions or showcases
• Performance in a leading or critical role in distinguished organizations
• Commanding a high salary or other significantly high remuneration in relation to others in the field
• Commercial successes in the performing arts

Once your I-140 is approved, you can file your I-485 Adjustment of Status (green card) application. Derivative applicants, such as a spouse and children, can be included in the I-485 application process.

O-1B Extraordinary Ability (Nonimmigrant Visa)

The O-1B visa is for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Extraordinary ability in the arts signifies a high level of achievement, evidenced by skill and recognition substantially above the norm, indicating that the person is prominent, renowned, leading, or well-known. Extraordinary achievement in motion pictures or television means the person is recognized as outstanding, notable, or leading.

Qualifying for O-1B Status

To qualify for O-1B status, the beneficiary must demonstrate extraordinary ability or achievement through sustained national or international acclaim and must be coming to the U.S. temporarily to continue work in their field.

There are two ways to demonstrate extraordinary ability/achievement:

1. Evidence of receiving or being nominated for a significant national or international award, such as an Academy Award, Emmy, Grammy, or Director’s Guild Award.

2. Evidence satisfying at least three of the following criteria:

• Lead or starring participant in productions or events with a distinguished reputation, evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements.
• National or international recognition for achievements, shown by critical reviews or other published materials in major newspapers, trade journals, magazines, or other publications.
• Lead, starring, or critical role for distinguished organizations, evidenced by articles in newspapers, trade journals, publications, or testimonials.
• Record of major commercial or critically acclaimed successes, indicated by title, rating, box office receipts, motion picture or television ratings, and other achievements reported in trade journals, major newspapers, or other publications.
• Significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field.
• High salary or substantial remuneration for services, evidenced by contracts or other reliable evidence.

Once the evidentiary requirements are satisfied, an officer will evaluate the totality of the evidence to determine if the O-1B beneficiary has sustained national or international acclaim and achieved a high level of recognition substantially above the norm, or if the O-1B (Motion Picture or Television) beneficiary has a record of extraordinary achievement in the motion picture and television industry.

Upcoming Work in the United States

An O-1 beneficiary must demonstrate that they have specific work lined up in the U.S. Speculative engagements are not permissible; the beneficiary cannot obtain an O-1 visa to search for jobs. At the time of filing, a U.S. employer or agent must have specific work events planned for the entire requested period (maximum of three years).

The U.S. Sponsor

The O-1 category does not allow self-sponsorship, and it is not a freelance visa. An application must be filed by a U.S. employer or agent. The agent can be the actual employer, the representative of both the employer and the beneficiary, or an entity authorized by the employer to act as its agent. The agent does not need to demonstrate agency outside the context of filing the beneficiary’s O-1 petition.

Consultation Requirement

All O-1 applications require a consultation from a peer group, labor union, and/or management organization. The type of O-1 petition determines the source and contents of the consultation:

• O-1B Arts: Must provide a consultation in the form of an advisory opinion from a U.S. “peer group” in the beneficiary’s field (may include a labor organization) or a person(s) with expertise in the area of the beneficiary’s ability. The opinion should describe the beneficiary’s ability and achievements, the nature of the duties, and whether the position requires extraordinary ability, or may state “no objection.”

• O-1B (Motion Picture or Television): Must provide consultations from both the union representing the beneficiary’s occupational peers and a management organization in the beneficiary’s field. The opinions should describe the beneficiary’s achievements and whether the position requires extraordinary achievement, or may state “no objection.” If no appropriate peer group exists, a decision will be based on the evidence filed.