Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 17 of 29) in pdf

O-1A Nonimmigrants

The O-1A classification is for aliens coming to the United States temporarily who have extraordinary ability in

the sciences, education, business, or athletics (not including the arts, motion picture, or television industry). The

extraordinary ability must be demonstrated by sustained national or international acclaim.

Write O-1A in the classification block.

The petition must be filed with:

1. A written consultation from a peer group or labor and/or management organization with expertise in the field (which

could include a person or persons with expertise in the field (see General Evidence);

2. A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral

agreement under which the beneficiary will be employed;

3. An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and

a copy of any itinerary for the events and activities; and

4. Evidence of the beneficiary’s extraordinary ability, such as receipt of major nationally or internationally recognized

awards or prizes for excellence in the field, documentation of the beneficiary’s membership in associations in the

field which require outstanding achievements of their members, published material relating to the beneficiary’s work,

evidence of the beneficiary’s original scholarly work or, contributions of major significance to the field, evidence of

the beneficiary’s high salary within the field, evidence that the beneficiary participated individually on a panel that

judges the work of others in the field, or evidence of the beneficiary’s prior employment in a critical or essential

capacity for organizations and establishments that have a distinguished reputation.

NOTE: If the preceding forms of evidence do not readily apply to the beneficiary’s field of endeavor, you may submit

other comparable evidence.

O-1B Nonimmigrants

The O-1B classification is for aliens coming to the United States temporarily who have extraordinary ability in the

arts or extraordinary achievement in the motion picture or television industry.

Write O-1B in the classification block.

The petition must be filed with:

1. A written consultation from a peer group (which could be a person with expertise in the beneficiary’s field), a labor,

and/or a management organization (see General Evidence). If the petition is based on the beneficiary’s extraordinary

achievement in the motion picture or television industry, separate consultations are required from the relevant labor

and management organizations;

2. A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral

agreement under which the beneficiary will be employed;

3. Evidence that the beneficiary has received or been nominated for significant national or international awards or

prizes in the field, such as an Academy Award, Emmy, Grammy, or Director’s Guild Award, or at least three of the

following:

A. Evidence that the beneficiary has performed and will perform as a lead or starring participant in productions or

events that have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases,

publications contracts, or endorsements;

B. Evidence that the beneficiary has achieved national or international recognition for achievements in the field as

evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade

journals, magazines, or other publications;

C. Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced

by title, rating, standing in the field, box office receipts, and other occupational achievements reported in

publications;

D. Evidence that the beneficiary has received significant recognition from organizations, critics, government

agencies, or other recognized experts;

Form I-129 Instructions 01/17/17 N

Page 17 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 17

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