Alien of extraordinary ability

Alien of extraordinary ability is an alien classification by United States Citizenship and Immigration Services. The United States may grant a priority visa to an alien who is able to demonstrate “extraordinary ability in the sciences, arts, education, business, or athletics”, or through some other extraordinary career achievements.

It is known colloquially as a “genius visa” or "artists' visa" (many of the recipients are artists).^[1]

It can be granted on non-immigrant or immigrant basis.

Non-immigrant O-1 visa

Description

The O-1 nonimmigrant visa is for an alien who possesses 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.^[2]

Eligibility Criteria

Eligibility Criteria for O-1A visa should include an evidence that the beneficiary has received a major award, such as a Nobel Prize, or evidence of 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
• Employment in a critical or essential capacity for organizations and establishments, that have a distinguished reputation.

Immigrant EB-1 visa

Description

An extraordinary ability may be eligible for an employment-based, first-preference EB-1 immigrant visa. An alien must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Achievements must be recognized through extensive documentation. No offer of employment is required.^[3]

An alien must meet 3 of 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

Eligibility criteria

Must meet three out of the ten listed criteria below to prove extraordinary ability in the field:

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of membership in associations in the field, which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence of judging the work of others, either individually or on a panel
• Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that work has been displayed at artistic exhibitions or showcases
• Evidence of performance of a leading or critical role in distinguished organizations
• Evidence that of high salary or other significantly high remuneration in relation to others in the field
• Evidence of commercial successes in the performing arts

List of recipients

• Courtney Act
• Scott Allison, co-founder of Teamly, a software company^[4]
• Inon Barnatan, an Israeli concert pianist^[1]
• Shera Bechard^[4]
• Justin Bieber^[5]
• Clive Crook^[5]
• Gavin Free^[6]
• Kemal Gekic, a Croatian concert pianist
• Jennifer Gould Keil, a Canadian author^[1]
• Toni Kukoč
• Oscar Oiwa, a Brazilian visual artist
• John Lennon^[7]
• Bettina May^[7]
• Piers Morgan^[4]
• Dirk Nowitzki^[1]
• Gary Numan^[8]
• Yoko Ono^[7]
• Pelé^[7]
• Marcelo Aniello^[7]
• Psy^[9]
• Bertrand Tessa (researcher)^[7]

References