Immigration Through Excellence: Aliens Of Extraordinary Abilities

The O-1 Aliens of Extraordinary Ability category of immigration allows truly exceptional people in their field to pursue a visa to live and work in the United States, where they can contribute to the country’s greatness. This article explains:

• How Extraordinary Ability is defined in different fields.
• Some examples of the struggles and successes of Aliens of Extraordinary Ability.
• The goals of O-1 immigration visa applications and how to get there.

What Is An Alien Of Extraordinary Ability In U.S. Immigration Law?

One of the best examples of this type of immigrant is a client of our very own. Mark Gonzalez is widely considered one of Chile’s greatest soccer players of all time. Regarded as one of the top 10 athletes in Chilean history, he has an impressive career, having played in the World Cup, for Liverpool, in La Liga in Spain, and in the Russian Premier League for Moscow.

Now, he resides in the United States under an O-1 visa as an Alien of Extraordinary Ability. Individuals granted this visa are exceptional leaders in their field, craft, or art. They are people whom the United States is fortunate to have living and working here, and it would be unwise to refuse them.

What Types Of Alien Of Extraordinary Ability Visa Categories Are Out There

There are, roughly speaking, two different types of O-1 Visas available.

O-1A : For an alien of “extraordinary ability in business, science, and sports.”

 O-1B: For an alien of “extraordinary ability in the arts or extraordinary achievement in motion picture or television.”

How Is Extraordinary Ability Determined For Immigration Purposes?

To qualify as an alien of extraordinary ability, you need to be among the very highest percentage of people in your field—typically within the top 4% or 5% worldwide.

For the arts, the criteria are slightly more flexible; you must demonstrate that your artistic endeavors are distinguished.

Furthermore, in U.S. immigration law, the use of the word “distinguished” is a specific term defined through case law – it is not merely a subjective assessment.

Attorney Andrew Driggs is an exceptional immigration lawyer based in California and Texas who has helped several exceptional individuals obtain Alien of Extraordinary Ability visa status. With over 30 years of experience helping immigrants from all walks of life, his advice and guidance is a great place to start your path toward immigration, citizenship, and the American Dream.

Think you might qualify for excellence or extraordinary ability? Want to move to the United States? Contact Driggs Immigration Law today to schedule an initial consultation.

Call to schedule an appointment with the attorney - (855) 620-5511

How Can I Qualify As An Alien Of Extraordinary Ability?

Sometimes, your status will be obvious; at other times, you’ll need to demonstrate your extraordinary ability or achievements in detail to U.S. immigration services.

If you have won a Nobel Prize in chemistry, for example, that alone will be sufficient proof. However, for a chemist without such an accolade, there are many different criteria that must be met for approval.

Understandably, the exact criteria you must meet to be considered a person with “extraordinary ability” will vary depending on the field you are in, but some of the most common questions you might ask to make this determination can include:

• Have you written something?
• Have you made an original scholarly contribution to your field?
• Have you been a judge of the work of other people?
• Have you sat on a jury for a conference or scholarly reviews?
• Have you played a critical role in an organization that has a distinguished reputation?
• Have you received a lot of press and been featured in articles about you and your art?
• Do you have a smash box office success hit to your name?

Whatever the criteria might be, it is not enough just to claim them; you will have to prove them to immigration authorities when you submit your application, which is a crucial step your attorney can help with.

What Are Some Examples Of Less Obvious Extraordinary Ability Visa Applicants?

While world-renowned athletes, film stars, and Nobel prize winners make obvious candidates, they are not the only ones who qualify for O-1 visas. For example, our firm assisted an engineer who has been a major contributor to the work of the American Petroleum Institute.

Back in 2010, a giant oil spill in the Gulf of Mexico killed 14 people and cost tens of billions of dollars in cleanup and environmental damage. Our client is one of the world’s foremost experts on preventing this exact type of accident with blowout-prevention systems for a wide range of different oil and gas producers in the ocean.

Needless to say, his O-1 visa application was accepted for his excellence in his field. So, as long as you can prove that you have extraordinary abilities in your field, you have a chance of visa approval – and that is exactly where an attorney becomes essential.

For more information on Practicing Immigration Law In The United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 620-5511  today.