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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.
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