For individuals with extraordinary ability and a record of distinguished achievement, the O-1 visa offers a direct path to living and working in the United States. Whether you are an extraordinary talent or a company looking to hire top talent, our attorneys can guide you through the process. This guide explains the requirements and process for securing this prestigious visa, and how a lawyer can support the journey.
Speak with a qualified O-1 Visa Attorney
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O-1 Visas are non-immigrant visas for individuals who have been recognized nationally or internationally for their distinguished reputation and have either extraordinary ability in the sciences, business, education, arts, or athletics, or extraordinary achievements in motion pictures or television.
Who is The O-1 Visa For?
A few examples of individuals who may be eligible for an O-1 visa include:
O-1A (Science, Business, Education, Athletics)
Research Scientist
University Professor
AI/Machine Learning Engineer
Biotechnology Specialist
Aerospace Engineer
Data Scientist
Professional Athlete (e.g., NBA player, Olympian)
Business Executive or Entrepreneur
O1B (Arts, Motion Picture, Television)
Award-Winning Actor or Actress
Professional Musician or Singer
Renowned Fashion Designer
Film Director or Cinematographer
Choreographer or Professional Dancer
Celebrity Chef
Fine Artist or Sculptor
Theatrical Performer
These are just a few examples. Anyone who has risen to the top of their field and can prove sustained acclaim may qualify.
What Are the O-1 Visa Requirements?
To qualify for an O-1 visa, the applicant must be able to demonstrate that
He or she has received sustained national or international acclaim
Has achievements that have been recognized in the field through extensive documentation
Is coming to continue work in the area of extraordinary ability (but not necessarily that the particular duties to be performed require someone of such extraordinary ability).
O-1 Visa Eligibility Criteria
USCIS defines extraordinary ability as a level of expertise that shows the person is one of the small percentage who have risen to the very top of their field.
Applicants for an O-1 visamust show either that they have received a major award in their field, such as a Nobel Prize, or, in the absence of such an award, at least three of the following:
Nationally or internationally recognized prizes or awards for excellence field
Membership in related associations that require outstanding achievements to join
Published articles about the applicant and the applicant’s work in the field
Significant and original contributions to the field
Articles the applicant has authored that have been published in scholarly journals
A high salary that indicates the applicant has extraordinary ability and is at the top of their field
Evidence that the applicant has been on a panel that judges others in the field or has done so individually
That the applicant has been employed by a distinguished organization or establishment in an essential capacity
💡 VisaNation Tip
Meeting these evidentiary criteria alone does not guarantee approval. U.S. Citizenship and Immigration Services officers make a final determination based on the totality of all submitted evidence.
Additionally, USCIS allows “comparable evidence” if a standard requirement doesn’t clearly fit the person’s job, as long as the evidence still shows they’ve earned lasting recognition and acclaim.
Confirm Eligibility Make sure you meet the criteria for “extraordinary ability” in your field. We recommend working with a qualified attorney in this step due to the complex eligibility requirements of the visa.
Find a U.S. Petitioner You need a U.S. employer, agent, or sponsor to file the petition on your behalf. You cannot self-petition for an O-1 visa.
Gather Supporting Evidence Collect strong documentation to prove your extraordinary ability, such as letters of recommendation, press features, contracts, and other relevant materials. Ensure the totality of evidence is enough to prove to USCIS your eligibility.
Apply for the Visa at a U.S. Embassy or Consulate Once the petition is approved, you apply for the O-1 visa at a U.S. embassy or consulate in your home country, attend an interview, and receive your visa if approved.
Speak with a qualified O-1 Visa Attorney
✅ Backed by a 4.9 ⭐ Google rating and 18+ years of immigration law experience.
To apply for an O-1 visa, you must have a U.S. sponsor. This can either be a direct employer or a qualified agent.
While many applicants are sponsored by a single U.S. employer offering a specific job, others may work with an agent instead. This is common for freelancers and artists.
Agents can act as your direct employer, providing a job offer and fulfilling any wage or employment obligations.
Alternatively, they can act on behalf of multiple employers. In this scenario, the agent does not act as the employer but instead coordinates work from multiple U.S. entities that have offered you projects.
What is the Processing Time of the O-1 Visa?
On average, the O-1 Visa processing time is between 3 to 4 months. Overall, the I-129 processing time is dependent on the workload of the service center processing the form, your case complexity, and whether requests for evidence are required.
Premium Processing
If you are pressed for time and need to expedite your O-1 visa, opting for premium processing reduces the processing time to 15 business days for a fee of $2,805. If it is not processed within this amount of time, the USCIS will refund your fee.
Ensure you consult with your O-1 visa attorney before opting for premium processing to determine if this is required for your situation.
What Are the O-1 Visa Fees?
Government Fees Paid by the Employer
I-129, Petition for a Nonimmigrant Worker: $1,055. This fee is paid by the employer/agent.
If you are filing as a Small Employer or Nonprofit: $530. This fee is paid by the employer/agent.
At VisaNation law firm, our attorney fees for the 0-1 visa are $5,500. This does not cover mandatory USCIS filing fees associated with the application.
What to Expect After Your O-1 Visa Approval
Bringing Your Family: The O-3 Visa
To bring your spouse and children under 21, you can apply for an O-3 nonimmigrant visa, which provides eligible family members the same period of admission. Importantly, they will need to secure separate work authorization. Family members may participate in full-time or part-time study on an O-3 visa.
From O-1 Visa to Green Card: Path to Permanent Residency
O-1 visas allow dual intent, meaning you can apply for a green card without risking your current visa status. The most common paths to a green card via the employment route include:
Category
Best For
Key Requirement
EB-1A (Extraordinary Ability)
Self-petitioners
Same high standards as O-1, no job offer required
EB-1B (Outstanding Professor/Researcher)
Academics with job offer
Must have at least 3 years of teaching/research
EB-2 NIW (National Interest Waiver)
Individuals whose work benefits the U.S.
No employer needed if NIW is granted
EB-2/EB-3 (Employer-Sponsored)
Professionals with job offers
PERM labor certification is required
Alternatives to the O-1 Visa
f you do not meet the qualifications for an O-1 Green Card or apply for one and are denied, the good news is that you have other options.
EB-1 Visa: This visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, as well as outstanding professors or researchers, and multinational executives or managers. Learn about O-1 Visa vs EB-1 Green Card.
EB-2 Visa: This visa is for individuals with an advanced degree (beyond a U.S. bachelor’s degree) or who have significant competence in art, business, or science. Must also be approved by the U.S. Department of Labor’s Foreign Labor Certification Process.
EB-3 Visa: This visa is for skilled, professional, or “unskilled” workers. The EB-3 Green Card has less strict qualifying requirements, but there are more eligible applicants compared to EB-1 and EB-2 categories.
H-1B Visa: This visa is for skilled professionals with at least a bachelor’s degree in a field such as fields such as computer science, architecture, medicine, dentistry, engineering, accounting, etc. There are many benefits to having this type of visa including the fact that it’s dual intent, has a 3-year initial stay which can be extended, permits you to bring spouse/children and more.
L-1 Visa: This visa allows multinational companies to transfer executives, managers, and specialized knowledge employees to their US offices. This visa has two subcategories- the L-1A for managers and executives, and the L-1B for employees with specialized knowledge.
TN Visa: This visa is for Canadian and Mexican citizens who are seeking temporary employment in the US under the North American Free Trade Agreement (NAFTA).
Why Choose VisaNation Law Firm for Your O1 Visa Application
Our lawyers have extensive experience with obtaining O-1 visas for professionals. We pride ourselves on outstanding service and exceptional client care. This is what our leading business immigration lawyer, Shilpa Malik said about our O-1 visa services:
We embark on a collaborative journey with employers, meticulously gathering evidence and crafting a comprehensive petition that highlights our client’s extraordinary abilities in their field.
By effectively demonstrating their exceptional achievements and the significant impact they have made, we are able to successfully navigate the O-1 visa process.
At VisaNation, we provide expert legal support tailored to your needs throughout the O-1 Visa process. Here’s how we can help:
1. Personalized Legal Guidance
We offer tailored strategies to address your unique situation and career goals. Our experienced immigration lawyers have over a decade of experience handling O1 Visa cases and a proven track record of success.
Most importantly, we offer a personalized approach and take the time to understand your unique situation and goals. Notably, we can help withcomparable evidence that may be submitted to establish your O-1 visa eligibility.
2. Expert Application Preparation
Our team provides full preparation and filing of the O1 petition, ensuring compliance with USCIS requirements.
3. Employer Support and Compliance
VisaNation guides employers on their role in the process, including the necessary evidence to support the employee’s extraordinary ability. Our lawyers are responsive to your questions and able to keep you updated about your case.
4. Handling Requests for Evidence (RFE)
Management of RFEs to ensure a timely and complete response to USCIS requests.
5. Ongoing Legal Support
Continuous support throughout the process, including assistance with extensions, renewals, and adjustments to status.
The O-1 Visa is a complex visa petition, requiring applicants to effectively showcase that they have risen to the top of their field. USCIS officers frequently issue RFEs, questioning whether the applicant’s achievements have met the strict criteria set out by USCIS.
At VisaNation, we specialize in developing an effective legal narrative around your achievements. Rather than simply compiling documents, we develop a compelling strategy that demonstrates your undeniable skills in your field.
We recently represented a private pilot from South Africa seeking an O-1A visa. The key challenge was demonstrating that his piloting credentials met the high threshold of “extraordinary ability.” We built a powerful case centered on his Airline Transport Pilot Licence (ATPL) and his extensive training with one of the world’s largest private jet operators. By effectively highlighting the prestige of his background, we filed under Premium Processing and secured an approval in less than a week without a single Request for Evidence (RFE).
To qualify for an O-1 visa, you must demonstrate "extraordinary ability" in your field through sustained national or international acclaim. This is typically proven through a major award (like a Nobel Prize or an Oscar) or by providing evidence that meets at least three of the eight specified criteria, such as publications, high salary, or playing a critical role in a distinguished organization.
The O-1 visa is initially granted for up to three years, with the possibility of unlimited one-year extensions, provided the individual continues to meet the visa requirements.
Standard processing for an O-1 visa can take 3 to 4 months. However, with premium processing, which costs an additional $2,805, you can get a decision within 15 business days.
Yes, the O-1 visa is a "dual intent" visa, which means you can apply for a green card while in O-1 status. The most common path is through an EB-1A (extraordinary ability) or EB-2 National Interest Waiver (NIW) green card.
Evidence can include receipt of major awards, internationally recognized prizes, membership in associations requiring outstanding achievements, published material about the applicant, original contributions of major significance, authorship of scholarly articles, high salary or remuneration, participation as a judge of others' work, and employment in critical roles for distinguished organizations.
The petition must be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. The regulations state that O-1 individuals may not petition for themselves.
Evidence of distinction in the arts or a very high level of accomplishment in the motion picture or television industry, demonstrated by awards (e.g., Emmy, Grammy) or at least three of the following: lead roles in distinguished productions, national/international recognition, significant commercial success, recognition from experts, or high salary.
There is no wage requirement for O1 visa. However, the offered compensation should be significantly higher than the average for professionals in your field to reflect your extraordinary ability. This is different from the H-1B visa, which has a prevailing wage requirement.
O-1 visas are granted for an initial period of no longer than three years. There is no limit on extensions for the O-1 visa, which is granted in increments of one year at a time.
Yes, you need a U.S. employer or a U.S. agent to sponsor your O-1 visa petition. An employer is a direct company, while an agent can represent you to multiple employers.
