PERSONS OF EXTRAORDINARY ABILITY ("O")

The act created the O-1 category for persons of extraordinary ability in the sciences, arts, education, business and athletics.

The O-1 category requires that extraordinary ability be demonstrated by sustained national or international acclaim. In the case of persons seeking O-1 status in the film and television industries, a lesser "extraordinary achievement" standard prevails. With regard to persons seeking O-1 status in the arts, the standard is "distinction" which is defined identically with the "prominence" standard under prior law.

A person accompanying an O-1 alien in an artistic or athletic performance may qualify for an O-2 visa only if the person is an integral part of the performance and has critical skills which are not of a general nature and which cannot be performed by another individual.

Spouses and children of O-1 and O-2 aliens may enter the U.S. in O- 3 status.

The act requires that INS or the petitioner consult with an alien's peer group before a petition for O status may be approved. Where appropriate, consultations with unions and management groups are also provided for. These consultation requirements are relaxed for O-1 aliens seeking entry for a television or motion picture production.

The admission of an O nonimmigrant is limited to the period of time necessary to complete the event for which the person is admitted.