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Extraordinary Defined:
“
Extraordinary
ability” means that the person
has reached
a level of expertise or skill indicating
that he/she is
one of a
small percentage who have risen to
the top of his/her field
of endeavor.
This must be demonstrated by a showing
of sustained national
or international
acclaim. Artists and entertainers
in the television
and motion
picture industry are subject to a
lesser standard, as they must
show a demonstrated
record of extraordinary achievement.
The achievements of
all types
must be proven through extensive
documentation.
A. Scientists, Educators, Business
Persons and Athletes
- receipt
of
nationally
or internationally recognized prizes
or
awards for excellence
in
the
field;
- membership
in
associations
in
the
field
that require outstanding achievements
as
judged
by
recognized
national
or international experts;
-
published
material
in
professional or major trade
publications
or
major
media about the alien’s
work;
-
participation
on
a
panel
or as a judge of the
works of
others
in
the
same
or an allied field;
-
original
scientific,
scholarly, or
business
related
contributions
of
major
significance;
-
authorship
of
scholarly
articles
in
professional
journals
or
other
major
media ;
-
current
or
previous employment
in
a
critical
or
essential
capacity
for
organizations
and
establishments
that
have
a
distinguished
reputation;
-
past
or
proffered high
salary
or
other
remuneration for
services,
evidenced
by
contracts
or
other
reliable
evidence;
-
if
the above standards
do
not
readily
apply
then
comparable
evidence
of
eligibility
can
be
submitted.
B. Artists and Entertainers (Except
Those Affiliated With Motion Picture
or Television Productions)
''Arts''
is defined as “any field of
creative activity or endeavor such
as, but not limited to, fine arts,
visual arts, culinary arts and performing
arts.” The term includes those
who not only perform other essential
technical or creative personnel such
as, but not limited to, musicians,
directors, set designers, lighting
designers, sound designers, choreographers,
conductors, orchestrators, coaches,
arrangers, musical supervisors, costume
designers, makeup artists, stage
technicians and animal trainers.
The O-1 petition in the arts must
establish that the artist meets the
standard of distinction and prominence
in his or her field either by showing
that the beneficiary has been nominated
or received a significant national
or internationally award or prize
or by a combination of three or more
of the following :
- has performed
or
will
perform services as a lead or
starring
participant in distinguished
productions
or events;
- national/international
recognition
for
achievements
through
critical
reviews or other
published
materials by or about
the
beneficiary in major papers,
trade
journals/magazines;
-
has
performed
in
a
lead,
starring or critical role
for
organizations
and
establishments
that
have
a distinguished
reputation
evidenced
by media
articles,
and
testimonials;
-
has
a
record
of
major
commercial
or critically acclaimed
successes;
-
has
received
significant
recognition
from
organizations,
critics,
government agencies
or
recognized
experts;
-
has
or
will
command
a
high
salary
or
other remuneration’s
in
the
field;
or
-
if
the
above
standards
do
not readily apply then
comparable
evidence
of
eligibility
can
be submitted.
C. Artists and Entertainers Entering
in Connection With Motion Picture
or Television Production
Individuals
in this industry are held to a slightly
different standard than others applying
for an O-1 visa. They must document "extraordinary
achievement".
Extraordinary
Achievement Defined:
This is a very high level of accomplishment in the motion picture or
television industry evidenced by a degree of skill and recognition significantly
above that ordinarily encountered to the extent that the person is recognized
as outstanding, notable or leading in the industry. A record of extraordinary
achievement is demonstrated by similar evidence as listed in (B) above, however
the regulations do not provide for the submission of other comparable evidence.
Consultation Requirement:
The O-1 petitions
cannot be approved unless the employer
or agent has obtained a consultation
with a peer group in a labor and/or
a management organization, if one
exists in the area of the alien’s
ability. Except in emergency situations
the consultation must be in the
form of an advisory opinion regarding
the nature of the work to be done
and the alien’s qualifications.
In an emergent situation the USCIS
may contact a peer group directly
for a consultation. |
