O-1 Visa FAQs | Workers of Extraordinary Ability

The O-1A and the O-1B Visas are for foreign nationals with extraordinary abilities in the fields of science, business, art, athletics, motion pictures, education, or television who wish to work for a company within the United States. Each type of visa requires specific evidence of achievement in this field, such as internationally recognized awards, high salary, or acclaimed work. In this FAQ guide, we go over some of the most common questions about the O-1 Visa

What Are The Categories of the O-1 Visa?

There are four O-class visas:

• O-1A: For foreign professionals who can demonstrate extraordinary ability in science, business, education, or athletics.
• O-1B: This is for foreign professionals who have an extraordinary ability in the arts, or extraordinary achievement in motion picture or television industry.
• O-2: This is for any individual who accompanies an O-1 artist or athlete as they play an “integral or essential part” to the work.
• O-3: This is for he spouse or children of an O-1 or O-2 visa carrier.

How Do You Prove Extraordinary Ability For the O-1 Visa?

To prove extraordinary ability for the O-1 visa, you must gather documentation that meets the minimum USCIS requirements. This could be either a major international prize, such as a Nobel Prize or Academy Award, or three (3) of the following:

O-1A:

1. Awards: You have received nationally or internationally recognized awards for excellence in your field.
2. Memberships: You are a member of professional groups that require outstanding achievements (judged by experts) to join.
3. Published Material About You: Your work has been written about in professional publications or major media.
4. Judging: You have judged the work of others in your field, either individually or on a panel.
5. Original Contributions: You have made original and significant contributions (e.g., scientific, scholarly, or business-related) to your field.
6. Scholarly Articles: You have written scholarly articles in professional journals or other major media within your field.
7. Critical Role: You have played a leading or critical role for a distinguished organization.
8. High Salary: You command a high salary or other high payment for your work compared to others in your field.

O-1B:

1. Lead or Starring Roles in Distinguished Productions: You have performed and will continue to perform as a lead or star in productions or events with a distinguished reputation. Think major festivals, critically acclaimed films, or sold-out tours.
2. National or International Recognition: Your achievements have been covered in major newspapers, trade journals, or other significant publications. This means articles or reviews are written about you or your work.
3. Lead or Critical Role for Distinguished Organizations: You have played and will continue to play a leading or critical role for organizations that have a distinguished reputation. This could be as an artistic director for a renowned theater company or a principal dancer for a famous ballet.
4. Major Commercial or Critical Success: You have a track record of major commercial successes (like high box office receipts or ratings) or have been critically acclaimed by reviewers in major publications.
5. Significant Recognition from Experts: You have received praise or recognition for your achievements from organizations, critics, or other recognized experts in your field. This is often shown through detailed letters from well-respected people who can speak to your talent.
6. High Salary: You have been paid or will be paid a high salary or other significant payment for your work compared to others in your field.

If the standard criteria don’t easily apply to your specific occupation, you can submit “comparable evidence” instead.

To do this, you must explain why a standard criterion is not a good fit for your profession and show how your alternative evidence is of similar weight and significance. This is intended for situations where the listed criteria are genuinely unsuitable for your field. Even when using comparable evidence, you must still satisfy a total of three criteria to establish eligibility.

We highly recommend working with a an experienced immigration attorney for gathering evidence, particularly comparable evidence.

Recommended Article: O-1 Visa vs EB-1 Green Card | Differences, Approval Rate, Processing Time

How is an O-1 Petition Examined?

USCIS officers make a decision on the O-1 visa based on the “totality of the evidence.” In other words, a USCIS officer takes a holistic review of your entire case, making a final judgment based on whether you have truly demonstrated sustained national or international acclaim. They can consider all relevant information, even evidence that doesn’t fit neatly into one of the specific criteria.

Is an O-1 Visa Difficult to Get?

Yes, an O-1 visa is difficult to get relative to other non-immigrant visas and green cards. It has requirements that are not easily achieved, including sustained national or international acclaim, which only people at the top of their respective fields typically obtain. Nonetheless, for those who have achieved sustained international or national acclaim, as long as they have proper documentation, the O-1 visa is a great option.

Who Can File an O-1 petition?

• Employer: If you are offered a full-time job opportunity by a U.S. employer, the employer should act as your O-1 visa petitioner and file the I-129 petition on your behalf. In this arrangement, you would be working as an employee of the organization.
• Agent: In some cases, an O-1 visa beneficiary may want to work for multiple employers. In this case, you will still need an authorized person or entity to sponsor your petition. This is a situation where you can have an agent file your petition. 

Learn how you can obtain an O-1 visa as an independent contractor! 

If you are planning to work with multiple employers through a petition filed by an agent, then contracts between you and each of the employers must be provided in the petition. Other supporting documents include an itinerary of the activities or engagements for each of the employers, and the names and addresses of each of those employers as well as the venues for each of the activities.

Can You Self-Petition O-1 visa?

The O-1 petition can only be filed by an employer or an agent. You cannot self-petition for an O-1 visa.

Learn how to work for multiple employers on an O-1 visa!

What is The Process of Obtaining an O-1 Visa?

Step One: File Form I-129

• The first step is for your employer or agent to file Form I-129 Petition for Nonimmigrant Worker along with the associated filing fee and supplementary documents, including:
  • A written advisory opinion from a distinguished individual or peer group within your employer’s field. For those petitioning for an O-1 in the area of motion pictures or the television industry, the advisory opinion must have been from a relevant labor union and management organization in the employer’s field.
  • A copy of the contract between you and your employer. A written summation of an oral contract will also suffice as long as it contains what was offered to you by your employer and what you accepted from your employer.
  • A detailed itinerary of the events and/or activities that you plan on participating in while in the United States. The beginning and end dates are required to be included in this itinerary

This must all be done at least forty-five (45) days but not more than a year before your employment date.

Step Two: USCIS Processing

USCIS will then review (“adjudicate”) your case and provide you with a decision, either a:

• Approval: Your petition is approved.
• Request for Evidence (RFE): The officer needs more information to make a decision.
• Denial: The petition is denied.

Step Three: Obtain the O-1 Visa

• If you are OUTSIDE the United States (Consular Processing):
  1. Your approved petition is sent to the National Visa Center and then to the U.S. embassy or consulate in your home country.
  2. You will complete an online visa application (Form DS-160), pay the visa fee, and schedule an interview.
  3. You attend the interview, and if successful, the consular officer will place an O-1 visa stamp in your passport. You can then travel to the U.S.
• If you are ALREADY in the United States in a valid status (Change of Status):
  1. Your I-129 petition would have requested a “change of status.”
  2. Once approved, your status automatically changes to O-1 on the start date listed on the approval notice. No interview or visa stamp is required to remain in the U.S.

O-1 Visa Processing Time

According to research conducted processing time for an O-1 visa is typically three to four months. Using premium processing for $2,805 can shorten the processing duration to 15 business days.

How long does O-1 take?

The timeline to get an O-1 visa includes:

• One to two months to gather and prepare the petition and supporting documents
• Three to four months for USCIS to process the petition (unless premium processing is used)
• Consular processing can as little as a few weeks but up to six months, depending on the interview availability at your embassy/consulate.

Thus, the timeline to get an O-1 visa can take as little as 3 months but up to a year, depending on the circumstances.

How Long is an O1 Visa Valid?​

The O-1 visa is issued with an initial period of stay of up to three years, with the option to request for extension after the initial approval for an indefinite number of times.

Extensions

Your status may be renewed in one-year increments or until the completion of your project, as long as you can provide evidence to justify the request. You may file for an extension of stay at any time from six months before the expiration of your current status. The most important thing is to submit your petition before the expiration of your current status.

Learn How to Write a Perfect O-1 Visa Recommendation Letter.

How many O-1 visas are available each year?

There is no cap on the number of O-1 visas issued per year; the total depends on applicant eligibility and demand, with the number varying by fiscal year. For example, according to our research at VisaNation from an analysis of USCIS FY2024 I-129 data,
29,672 O-1 petitioners were submitted, of which 94.5% were approved.

Is The O-1 Visa Better than H-1B?

The O-1 visa may be better than the H-1B depending on your circumstances. If you meet all the requirements of the O-1 and have documentation to prove it, it can help you build your profile toward a self-petitioning green card like the EB-1. However, if you don’t have sustained national or international acclaim, the H-1B might be more suitable. Here is a breakdown of the key information of both visas:

Can an O1 visa Holder Apply for A Green card​

Yes, the O-1 visa allows for dual intent, which means that as an O-1 visa holder, you can file for permanent residence (green card). Dual intent allows a non-immigrant visa holder to obtain or continue to maintain his or her nonimmigrant status despite having the intention of obtaining permanent residence (green card). This advantage is one of the factors that distinguish the O-1 classification from some other nonimmigrant visas.

Dual intent for the O-1 is similar to that of the H-1B except for a particular difference. During the initial stage of the green card application, such as labor certification, the same dual intent rule applies to both H-1B and O-1 visa holders. However, once the application moves to the adjustment of status stage, the rule becomes somewhat different:

• If you have a pending Form I-485 (Adjustment of Status), normally leaving the U.S. without Advance Parole (Form I-131) would abandon your application. However, if you have an H-1B, you may re-enter on your valid nonimmigrant visa without Advance Parole, and it won’t count as abandoning the green card application.
• An O-1 visa holder can also continue to maintain his or her O-1 status while the adjustment of status petition is pending. They may also file for an extension of status if necessary. However, the rules for traveling abroad is different. If you wish to travel while the petition is pending, you must obtain advance parole before departing the U.S. Otherwise, your pending I-485 petition may be considered to have been abandoned. 

Can I get an O-1 visa without a PhD?

Having a Ph.D. or even a bachelor’s degree isn’t a requirement for securing this type of visa. The O-1 visa program is more flexible than many realize, allowing for various ways to establish your extraordinary qualifications. Learn more about O1 visa without PhD in this guide!

Can my family members and support staff join me?

Yes, as an O-1 visa beneficiary, you are allowed to be accompanied by your immediate family members (spouse and children). They may also join you later after you have arrived in the United States. They will need to file for the O-3 visa and undergo the due application process.

In addition, if your activities in the U.S. would require having your support staff with you, the support staff or assistant(s) may also qualify to accompany or join you. To do this, they must prove that they are an “integral or essential part” of those activities and would need to file for an O-2 visa.

Both O-2 and O-3 visas are issued with the same period of stay given to the O-1 principal beneficiary and can only be extended for the same period. In other words, at the end of your O-1 activities, your dependents and assistants on O-2 and/or O-3 visas will also need to leave the U.S. 

Can the Spouse of an O-1 Visa Work?

The O-3 visa does not grant any work authorization. The holder cannot legally earn income or be employed in the United States. However, an O-3 holder (spouse or child) can enroll in school, either part-time or full-time.

Can I obtain an O-1 visa through a change of status, or do I have to go through consular processing?

You can apply for an O-1 visa either through consular processing or change of status process. However, it is important to know that each option has a different application process. If you are in the United States on another nonimmigrant status, you can apply for a change of status to an O-1 visa. Your employer will have to initiate the process by submitting Form I-129 petition to USCIS. If the petition is approved, your status will automatically be changed to O-1 upon the approval of the I-129.

However, if you opt for consular processing, your application will be continued at a U.S. consulate or embassy abroad after USCIS has approved the Form I-129 filed by your employer. You will receive a notice on how to schedule your interview at the embassy or consulate. The main concern in consular processing is that your case may be subject to administrative processing after the interview. This will delay your visa, as you would have to wait until a decision is made by the consulate.

How VisaNation Can Help

VisaNation Law Group attorneys have an excellent track record of helping O-1 applicants acquire their visas and deal with any obstacles that may appear. They will help you gather your supporting documents and file them correctly with the USCIS.

Schedule a comprehensive consultation with a O-1 visa lawyer today

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