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O-1 Visa Attorney: Your Guide to Eligibility, Costs & Application

Home > O-1 Visa Attorney: Your Guide to Eligibility, Costs & Application

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. This guide explains the requirements and process for securing this prestigious visa, and how a lawyer can support the journey.

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What is an O-1 Visa?

O1 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.

O1 Visa Requirements: A Detailed Guide

To qualify for an O-1 visa, the applicant must be able to demonstrate that

  1. He or she has received sustained national or international acclaim
  2. Has achievements that have been recognized in the field through extensive documentation
  3. 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-1A Visa: For Science, Business, Education & Athletics

In the sciences, business, education, and athletic fields, an O-1 visa holder must demonstrate extraordinary ability.

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-1A visa must 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:

  1. Nationally or internationally recognized prizes or awards for excellence field
  2. Membership in related associations that require outstanding achievements to join
  3. Published articles about the applicant and the applicant’s work in the field
  4. Significant and original contributions to the field
  5. Articles the applicant has authored that have been published in scholarly journals
  6. A high salary that indicates the applicant has extraordinary ability and is at the top of their field
  7. Evidence that the applicant has been on a panel that judges others in the field or has done so individually
  8. That the applicant has been employed by a distinguished organization or establishment in an essential capacity

O-1B Visa: For Arts, Motion Pictures & Television

In the arts, the person must have achieved distinction, which means he or she is a leading figure or person of renown in the field. Applicants for an O1 visa for television or motion pictures must showcase that they are leading or notable persons in the field.

For an O-1B visa, applicants must have either won a major award, such as an Oscar or Grammy, or show evidence of at least three of the following:

  1. Evidence of past or future performances in a leading role or as a star participant in distinguished events or productions
  2. National or International recognition for past achievements
  3. Evidence of past or future performances as a lead or star participant for distinguished organizations or establishments
  4. Evidence of significant commercial success or critical recognition
  5. Recognition from critics, experts or government agencies for achievements in the field
  6. Evidence of receiving compensation for work that demonstrates an extraordinary ability, as compared to the compensation received by others in the field

Important: 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.

Evidence for recognition in professional fields for O-1 Visa

Looking for legal support to fulfil O-1 visa requirements?

Our experienced O-1 visa lawyers can help you understand and meet the stringent requirements for demonstrating extraordinary ability.

Schedule a Consultation

O-1 Visa Application Process: Step-by-Step

  1. Confirm Eligibility
    Make sure you meet the criteria for “extraordinary ability” in your field
  2. 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.
  3. 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.
  4. File Form I-129 with USCIS
    Your petitioner submits Form I-129 (Petition for Nonimmigrant Worker) to USCIS, along with all supporting documents and filing fees.
  5. 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.

A qualified O-1 visa attorney ensure all evidence is submitted according to USCIS regulations and deadlines.

Schedule a Consultation

Finding an O-1 Visa Sponsor: Agent vs. Employer

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.

O-1 Visa Processing Time

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 in 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.

O-1 Visa Fees

Government Fees

  • I-129, Petition for a Nonimmigrant Worker: $1,055
    • If you are filing as a Small Employer or Nonprofit: $530
  • Asylum fees
    • $600 for regular employers
    • $300 for small employers
    • $0 for nonprofits
  • Premium processing (optional): $2,805

VisaNation Legal Fees

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

If 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).

VisaNation O-1 Success Story

South African Pilot
A client of ours was a private pilot in South Africa seeking an O-1A visa during pandemic uncertainty.

Our team was able to build a strong case around our client’s expertise. He had extensive training from one of the largest private jet operators in the world and was certified in ATPL.

RFEs are often sent for O-1A visas, and our client didn’t receive one. We were able to file everything under premium processing within a week, and his case was approved with a quick turnaround.

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:

VisaNation Attorney Shilpa MalikWe 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 O1 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 with comparable 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 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.

Recommended read: Choose the best immigration lawyer

How VisaNation O-1 Visa Lawyers Can Help

  • VisaNation Law Group’s O-1 visa lawyers can help you go from an O-1 visa to green card status if you decide to reside permanently in the United States. Our attorneys understand the required documentation necessary to prove extraordinary ability and can help you avoid unnecessary obstacles throughout the application process.
  • Our immigration Lawyers specialize in employment-based green cards and can advise you on other work visa options if an O-1 visa is not suitable in your situation.
  • If you need a person of extraordinary ability to stay in the United States for longer than the original O-1 visa, we can help with O-1 visa extensions.
  • Our lawyers can assist with getting O-2 visas for essential assistants and visas for the dependents of O-1 visa beneficiaries.
  • We offer extensive immigration consultation to persons interested in O-1 and other work visas.

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Frequently asked questions

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.

Yes, your spouse and unmarried children under 21 can accompany you on an O-3 visa. They can study in the U.S. but are not authorized to work.

 

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 calendar 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.

No, unlike some other visa categories, there is no annual limit on the number of O-1 visas that can be issued.

Yes,  you can apply for a green card while on an O-1 visa without jeopardizing your current status.

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.

Yes, premium processing is available for an additional fee, ensuring that USCIS will process the petition within 15 calendar days.

No, self-petitioning is not allowed. However, a U.S. agent can act as:

  • As your actual employer, or

  • As a representative for multiple employers or gigs you're doing in the U.S.

The agent must submit:

  • A detailed itinerary of your work or events,

  • Contracts between you and the employers (if applicable), and

  • Evidence of your extraordinary ability in your field.

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.

 

 

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