Frequently Asked Questions of O1 Visa (Alien of Extraordinary Ability in Sciences, Arts, Education, Business and Athletics) and Requirements

The O1 visa is for aliens of extraordinary ability in the sciences, arts, education, business, or athletics; the O-3 visa covers their dependents, meaning a spouse and children.

A. No visa lottery that the employee needs to go through.
Unlike the cap-subject H1B, an O-1 petition is not subject to the lottery, even for private companies.

B. There is no wage requirement for O1.
Unlike the H1B, which carries a prevailing wage requirement, the O1 is not subject to one. The salary offered must still suit a position of O1 caliber.

C. Premium processing is always available for O-1.

Standards of review vary by specialty. The test for “extraordinariness“ is highest for business persons, scientists, and educators and lower for the arts. For expertise in science, education, or business, extraordinary ability means sustained national or international acclaim and having risen to the top of the field, much like the EB1-A immigrant visa standard. For an O-1 alien of extraordinary ability in the arts, the rules require “distinction.“ “Distinction“ means achievement in the arts at a level of skill and recognition substantially above the ordinary, such that the person is described as prominent, leading, or well-known in the field. Television or motion picture applicants face a different standard: a record of extraordinary achievement. Every O-1 applicant must be coming to work in the field in which he has received that acclaim.

Such foreign nationals must have sustained national or international acclaim, documented extensively in the field, and must be coming to the United States to continue working in the field that is the subject of that acclaim.

For our firm’s successful O1 cases, visit our O1 success stories here.

The phrase “extraordinary ability“ means a level of expertise showing that the individual ranks among that small percentage who have risen to the very top of the field of endeavor.

National or international acclaim can be shown by a major internationally recognized award, such as a Nobel Prize or an Academy Award, or by at least three of the following types of evidence:

1. Receipt of nationally/internationally recognized prizes/awards for excellence in the field;
2. Membership in field associations that require outstanding achievement from their members, as judged by recognized national or international experts;
3. Published material in professional or major trade publications or major media about the alien;
4. Participation on a panel or as a judge of the work of others in the same or an allied field of specialization;
5. Original scientific, scholarly, or business-related contributions of major significance;
6. Authorship of scholarly articles in professional journals or other major media;
7. Current or previous employment in a critical or essential capacity for organizations or establishments that have a distinguished reputation; or,
8. Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

Once filed, the I-129 petition is processed at the Texas Service Center (TSC). Current O-1 I-129 processing times appear on the USCIS website here. O-1 petitions may also request premium processing, which shortens the initial I-129 processing time to 15 calendar days.

No. O-1 is not a dual-intent visa like the H1B or L-1. O-1 beneficiaries face no foreign residence requirement, and neither an approved permanent labor certification nor the filing of an immigrant preference petition is a basis for denying O status. The Department of State Foreign Affairs Manual states (here), “The alien may legitimately come to the United States for a temporary period as an O-1 or O-3 nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States.” Filing an I-140 or I-485 alone therefore should not prevent a person from obtaining an O1 visa. After filing the I-485, however, the applicant should not travel internationally on O-1 status until receiving AP (Advance Parole), which is obtained by filing an I-131 with the I-485.

An alien in O classification cannot petition on his or her own behalf. Only a U.S. employer or agent may file, and the petition goes to the USCIS service center with jurisdiction over the O-1 alien's worksite. An alien working for multiple employers needs a petition from each employer in its own jurisdiction, unless the petition is filed by “an established agent.“ An agent is authorized by a foreign employer to file an I-129 petition and accept service of process.

The petitioner must file Form I-129 with the supporting materials. An O1 petition may not be filed more than six months before the foreign national's services are needed. Supporting materials must include copies of any written contract between petitioner and beneficiary or, absent a written contract, a summary of the oral agreement's terms; an explanation of the events or activities; the time period requested; and a copy of the itinerary of events at which the beneficiary will perform.

An initial O-1 may be granted for the time required to complete the event or activity, up to three years, and extensions to continue or complete the same activity are generally granted in increments of up to one year.

A petition for a new event or activity may request a fresh validity period of up to three years. No fixed statutory maximum limits total time in O-1 status if each petition qualifies on its own.

Yes. The spouse and children of an O1 visa holder may be admitted in O-3 status. Dependents must prove the family relationship and may attend school or college, but may not work.

We provide everything needed to file your O petition:

1. Contacting and discussing with your (potential) employer to facilitate their sponsorship for your petition.
2. After securing sponsorship, we will discuss with you about good candidates to write you recommendation letters.
3. Drafting up to six recommendation letters for your recommenders to revise and sign based on information you provide.
4. Drafting job offer letter detailing the position, the project, and your qualifications for your employer to review and sign.
5. Providing a list of supporting documentation you should prepare with the petition;
6. Organizing all the required documentation for your O-1 petition according to the USCIS regulations.
7. Drafting the petition letter and revising it to your satisfaction.
8. Submitting the completed petition materials to the proper USCIS Center.
9. Contacting the USCIS for the status inquiry of your pending case.
10. Responding to RFE (Request for Evidence), NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) without charging extra attorney fee.

The USCIS filing fee is $530 for nonprofits and small employers with 25 or fewer full-time employees; all other employers pay $1,055.

An asylum program fee also applies: $0 for nonprofit employers, $300 for small employers with 25 or fewer full-time employees, and $600 for all other employers.

Premium processing currently costs $2,965 in USCIS fees.

No. An alien in O classification may be admitted only to perform services in specific, identified events, not to freelance in the open market. An event may be a scientific project, a conference, a convention, a lecture series, a tour, an exhibit, a business project, an academic year, or an engagement.

No. An alien admitted in O-1 status may work only in connection with the identified events, and an amended petition must be filed to add events not listed. One exception applies to an artist or entertainer who takes on additional performances or engagements requiring an alien of O-1 caliber; then no amended petition is required.

Evidence of the advisory opinion must accompany the petition. The employer must consult an appropriate peer group, labor organization, or management organization in the alien's area of ability. Consultation usually takes the form of a written advisory opinion from the consulting entity with expertise in the field involved. An advisory opinion is not required if the petitioner shows that no appropriate consulting entity exists.

If the O1 employment ends early, by layoff or resignation, the beneficiary should receive a grace period of up to 60 days or until the I-94 end date, whichever is shorter. During that period the beneficiary cannot work and should be ready to leave the U.S. unless a change of status is underway.

The petitioner should report the early termination to USCIS. If the employment ends for a reason other than voluntary resignation, the petitioner must cover the reasonable cost of transporting the beneficiary to his or her last residence before entering the United States.

Generally, the petitioner should file an amendment when employment terms change materially, such as a new worksite location, a shift from full time to part time, or substantial changes to job duties.

Generally, no.

Yes. If 212 (e) still applies to you, you can obtain an O1 through “consular processing” at a U.S. consulate after I-129 approval.

If you change status to O1 within the U.S., your status becomes O1 on the “Valid From” date printed on your I-129 approval notice. Through consular processing, you must schedule and complete an interview at a U.S. consulate abroad after the petition is approved, receive your O1 visa, and enter the United States on that visa to activate O1 status. Administrative processing may apply at the consulate, and if your case enters administrative processing after the interview, issuance of the visa will be delayed.

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