What is the difference between the requirements of extraordinary ability (O1A), distinction (O1A -arts) and extraordinary achievement (O-1B)?

 

By Suzanne E. Vazquez | US Board Certified Immigration Attorney
Posted: July 20, 2020

“Extraordinary ability” applies to the sciences, education, business or athletics.

Extraordinary ability requires sustained national or international acclaim in the field of endeavor and comparable evidence is allowed. You should still be at the top of your field when you apply.

8 CFR §214.2(o)(3)(iii) May prove sustained national or international acclaim by receipt of a major internationally recognized award such as the Nobel Prize, or documenting at least 3 of the following:

1. receipt of nationally or internationally recognized awards;
2. membership in an organization that requires outstanding achievement;
3. published materials about the applicant in professional or major trade publications;
4. judgment of the work of others;
5. original scientific or scholarly work of major significance in the field;
6. evidence of authorship of scholarly work;
7. evidence of employment in a critical or essential capacity at an organization with a distinguished reputation; or
8. has commanded or will command a high salary in relation to others in the field.

 

“Distinction” is the requirement for an O 1 visa classification in the Arts.

Distinction means prominence in the field and “comparable evidence” will be accepted. 8 CFR §214.2(o)(3)(iv)-Must prove prominence in the field by being nominated for or the recipient of significant international or national awards or prizes, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or by documenting at least 3 of the following:

1. lead in production having a distinguished reputation;
2. critical reviews in major newspapers or trade journals;
3. lead for organization that has a distinguished reputation;
4. record  of  major  commercial  or  critically  acclaimed successes;
5. significant recognition from organizations, critics, government agencies or other recog­ nized experts in the field; or
6. has commanded or will command a high salary.

This category as well as athletes can bring support personnel on O2 visa as long as they are integral or possess critical skills.

“Extraordinary Achievement” is the standard for the O 1B visa classification for the motion pictures or television industry.

Extraordinary Achievement requires a very high level of accomplishment. To prove this type of case, the same criteria as used in the arts applies except the evidence will be weighed differently.  Also, comparable evidence is not allowed. Outstanding, notable or leading roles are required.

8 CFR §214.2(o)(3)(v) Must show that the beneficiary has received or been nominated for significant national or international awards such as an Academy Award, Emmy, Grammy or Director's Guild Award or three of the following:

1. performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
2. achieved national or internal recognition for achievements;
3. performed or will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation;
4. a record of major commercial or critically acclaimed successes;
5. received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field; and
6. a high salary or other substantial remuneration for services in relation to others in the field.

 

O1 Visa Attorneys in Central Florida

If you are seeking an O1 Visa, call our Orlando Immigration Lawyers today! Both Suzanne E. Vazquez and Maud Poudat are certified as experts in Immigration and Nationality Law by the Florida Bar and have a lot of experienced with O Visa aplications. There are layers of regulations and policies that are used to implement the law. We help you develop your evidence to include determining what to use and what not to use. Some evidence you think is helpful may not be helpful at all and could even be used against you to undermine your eligibility. At Vazquez & Poudat, we are used to these challenges and are best equipped to handle them. Please call us at 407.674.6968 , email us at info@vpimmigration.com or fill out the online form located on this page and we will get back to you as soon as possible.