22 C.F.R. § 41.55

Aliens with extraordinary ability

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(a) Requirements for O classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(O) if:

(1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and either

(2) With respect to the principal alien, the consular officer has received official evidence of the approval by DHS of a petition to accord such classification or of the extension by DHS of the period of authorized stay in such classification; or

(3) The consular officer is satisfied the alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

(b) Approval of visa. The approval of a petition by DHS does not establish that the alien is eligible to receive a nonimmigrant visa.

(c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

(d) Alien not entitled to O classification. The consular officer must suspend action on the alien's application and submit a report to the approving DHS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(O) is not entitled to the classification as approved.

[57 FR 31450, July 16, 1992, as amended at 61 FR 1833, Jan. 24, 1996]

Notes of Decisions

Cited in 3 cases, 1966–1985 · leading case: Hira, 11 I. & N. Dec. 824 (BIA 1966).

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Hira, 11 I. & N. Dec. 824 (BIA 1966). “We recognize that the line of demarcation between a visitor for business, and a person in seeking to enter as a nonimmigrant for employment or labor 'for which the procedure referred to 22 CFR 41.55, the provisions of section 214(e) of the Act and the support- ing evidence…”

Int'l Union of Bricklayers & Allied Craftsmen v. Meese, 616 F. Supp. 1387 (N.D. Cal. 1985). · cites it 2× “2 (h)(3) (1985); see also 22 C.F.R. § 41.55 (1985) (Secretary of State’s regulation detailing factors considered by consular officer in determining whether an alien is classifiable as a “temporary worker”).”

Intern. Union of Bricklayers v. Meese, 616 F. Supp. 1387 (N.D. Cal. 1985). · cites it 2× “2 (h)(3) (1985); see also 22 C.F.R. § 41.55 (1985) (Secretary of State's regulation detailing factors considered by consular officer in determining whether an alien is classifiable as a "temporary worker").”

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