Many of our clients ask us what extraordinary ability means and whether they have to be in the top 1% of their field to get an O-1B visa.
Extraordinary ability in arts means “distinction.” This means that you will have to demonstrate that you have a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above the ordinarily encountered. You should submit evidence showing that you are described as renowned, leading, or well-known in your field.
Therefore, you do not have to demonstrate that you are in the top 1% of your field. You will still have to demonstrate that you have skills and recognition substantially above the ordinarily encountered.
The O-1B standard is a much lower standard than the standard for an O-1A visa (for an O-1A visa you have to demonstrate that you are “one of the small percentage who have risen to the very top of the field”).
Additionally, if you are working in the field of arts and you would want to apply for an EB-1A green card , you would also have to demonstrate that you are one of the small percentage who have risen to the top of the field.
How can I prove that I have skills and recognition above the ordinarily encountered in my field of expertise?
You will have to demonstrate either that you:
- Received a major, internationally recognized award (such as a Nobel Prize), or
- That you meet at least 3 of the following requirements
Please click here to find out what is the O-1B application process.
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