Updated: July 31, 2020
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EVIDENTIARY CRITERIA FOR O-1 NONIMMIGRANT VISA AS AN
‘ALIEN OF EXTRAORDINARY ABILITY’
IN SCIENCE, EDUCATION, BUSINESS OR ATHLETICS
8 CFR § 214.2(o)(3)(ii)
Extraordinary ability in the
field of science, education, business, or athletics means
a level of expertise indicating that the person is one of
the small percentage who have arisen to the very top of the
field of endeavour.
8 CFR § 214.2(o)(3)(iii)
See note following as to the
form of documentation required.
An alien of extraordinary
ability in the fields of science, education, business or athletics
must demonstrate sustained national or international acclaim
and recognition for achievements in the field of expertise
by providing evidence of:
- Receipt of a major, internationally
recognized award, such as the Nobel Prize; or
- At least three
of the following forms of documentation:
- Documentation of the alien’s
receipt of nationally or internationally recognized
prizes or awards for excellence in the field of endeavour;
- Documentation of the alien’s
membership in associations in the field for which
classification is sought, which require outstanding
achievements of their members, as judged by recognized
national or international experts in their disciplines
or fields;
- Published material in professional
or major trade publications or major media about the
alien, relating to the alien’s work in the field
for which classification is sought, which shall include
the title, date, and author of such published materials,
and any necessary translation;
- Evidence of the alien’s participation
on a panel, or individually, as a judge of the work
of others in the same or in an allied field of specialization
to that for which classification is sought;
- Evidence of the alien’s original
scientific, scholarly, or business-related contributions
of major significance in the field;
- Evidence of the alien’s authorship
of scholarly articles in the field, in professional
journals, or other major media;
- Evidence that the alien has been
employed in a critical or essential capacity for organizations
and establishments that have a distinguished reputation;
- Evidence that the alien has either
commanded a high salary or will command a high salary
or other remuneration for services, evidenced by contracts
or other reliable evidence.
- If the criteria
in paragraph (o)(3)(iii) of this section do not readily
apply to the beneficiary’s occupation, the petitioner
may submit comparable evidence in order to establish the
beneficiary’s eligibility.
FORM OF DOCUMENTATION
8 C.F.R. section 214.2(o)(2)(iii)
-
Form of documentation.
The evidence submitted with an O petition shall conform
to the following:
- Affidavits, contracts, awards, and
similar documentation must reflect the nature of the
alien’s achievement and be executed by an officer
or responsible person employed by the institution,
firm, establishment, or organization where the work
was performed.
- Affidavits written by present or
former employers or recognized experts certifying
to the recognition and extraordinary ability, or in
the case of a motion picture or television production,
the extraordinary achievement of the alien, shall
specifically describe the alien’s recognition
and ability or achievement in factual terms and set
forth the expertise of the affiant and the manner
in which the affiant acquired such information.
- A legible photocopy
of a document in support of the petition may be submitted
in lieu of the original. However, the original document
shall be submitted if requested by the Director.
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