Learn more about the O-1 visa for individuals with extraordinary ability or achievement. Alison Yew, an O-1 visa lawyer in San Jose, details all the information you need to know to determine whether you’re eligible for this type of visa.

1. O-1 Visa Lawyer for Individuals with
Extraordinary Ability or Achievement
The O-1 status is a non-immigrant status category for aliens of extraordinary ability in
the sciences, arts, education, business, or athletics, or who has a demonstrated
record of extraordinary achievement in the motion picture or television industry and
has been recognized nationally or internationally for those achievements. This is an
employment-related status; foreign nationals with this status may live and work in the
United States. O-1 petitions may only be filed by a U.S. employer, a U.S. agent, or a
foreign employer through a U.S. agent on behalf of the beneficiary.
There are several categories of an O visa:
• O-1A: Individuals with an extraordinary ability in the sciences, education,
business, or athletics.
• O-1B: Individuals with an extraordinary ability in the arts or the extraordinary
achievement in the motion picture or television industry.
• O-2: Individuals who will accompany an O-1 individual to assist in a specific
event or performance.
• O-3: Individuals who are the spouse or children of O-1s and O-2s.
O-1A Visa Criteria
Here, we will discuss briefly about the eligibility for an O-1A visa, also known as the
“extraordinary ability visa.” If someone has received a major, internationally
recognized award, such as a Nobel Prize, he/ she meets the criteria of an O-1A. For
lesser recognitions, the petitioner employer must demonstrate that the alien
(beneficiary) meets at least three of the following:
• Receipt of nationally or internationally recognized prizes or awards
• Membership in associations in the field for which classification is sought which
require outstanding achievements
• Published material in professional or major trade publications, newspapers or
other major media
• Original scientific, scholarly, or business-related contributions of major
significance in the field
• Authorship of scholarly articles in professional journals or other major media
• A high salary or other remuneration for services as evidenced by contracts
• Participation on a panel, or individually, as a judge of the work of others

2. • Employment in a critical or essential capacity for organizations and
establishments, that have a distinguished reputation.
The O-1 status is distinguished from other employment related status in that it applies
to more types of work and skills than other visa categories, such as H or L. For
example, the H-1B status is limited to professionals (with academic credentials,
normally), and therefore, athletes or entertainers do not qualify for an H-1B, but
potentially may qualify for an O-1 status. There is no annual quota for the O visa
(e.g., unlike an H-1B for professional, which is limited to 65,000 visas per fiscal year).
There is no home-residency requirement, unlike the J-1 exchange visitor program.
Our O-1 visa lawyers can give you more information regarding the requirements and
stipulations of this visa.
Examples of Silicon Valley Entrepreneurs Who Used
the O-1 Visa
This extraordinary ability visa has been the “go-to” visa for entrepreneurs in the Silicon
Valley. This visa category does not require a college education, something that
many of our ever-younger entrepreneurs flocking to the Silicon Valley
lack. Furthermore, entrepreneur sees minimal options in other employment-based
(immigrant or non-immigrant) visa categories, as they typically require an employer,
which entrepreneurs lack because they work for themselves.
For example, John Collison is a 25-year-old Irish national who dropped out of Harvard
University and co-founded Stripe, a payments company, with his brother Patrick. He
obtained his O-1 visa to live and work in the United States in December 2010 and
now has permanent residency status. Another example is John Buckley, a 23 years
old British-born entrepreneur (of a gaming company, MinoMonster) who applied for
an O-1 visa after starting a few small companies, including one he sold at age 15 for
a sum reaching the low six figures. He saw little hope with the traditional work visas,
such as an H-1B, since he worked for himself.