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O1 Visas are nonimmigrant 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. If your company needs to bring someone with extraordinary ability into the United States for work, consider consulting with an O-1 visa attorney who can help navigate the complex requirements and streamline the application process.
O1 Visas are for individuals who have been recognized nationally or internationally and have extraordinary ability in
A few examples of positions that may be eligible for an O-1 Visa include:
These are just a few examples—anyone who has risen to the top of their field and can prove sustained acclaim may qualify.
To qualify for an O1 visa, the applicant must be able to demonstrate that he or she has received sustained national or international acclaim and is seeking entry into the United States to work in the same field for which the critical acclaim was achieved.
In the sciences, business, education, and athletic fields, this means that the person can demonstrate extraordinary ability and is at the very top of the profession.
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 be able to show that they are leading or notable persons in the field.
Recommended read: O-1 Benefits
To prove eligibility for an O1 Visa, you must present evidence of sustained acclaim through either:
Whether you are applying for an O-1A or an O-1B visa, you need to showcase strong evidence for your case to receive approval.
Applicants for an O-1A visa must show that they have received a major award in their fields, such as a Nobel Prize. In the absence of such an award, an applicant must provide evidence of at least three of the following:
For an O-1B visa, applicants must have won a major award, such as an Oscar or Grammy, or show evidence of at least three of the following:
However, meeting these evidentiary criteria alone does not guarantee approval. U.S. Citizenship and Immigration Services officers make a final determination based on all submitted evidence.
Looking for legal support to fulfil O-1 visa requirements? Our specialized O-1 visa lawyers can help you understand and meet the stringent requirements for demonstrating extraordinary ability. Schedule a Consultation
Looking for legal support to fulfil O-1 visa requirements? Our specialized O-1 visa lawyers can help you understand and meet the stringent requirements for demonstrating extraordinary ability.
Schedule a Consultation
At VisaNation, we provide expert legal support tailored to your needs throughout the O1 Visa process. Here’s how we can help:
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.
Our team provides full preparation and filing of the O1 petition, ensuring compliance with USCIS requirements.
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.
Management of RFEs to ensure a timely and complete response to USCIS requests.
Continuous support throughout the process, including assistance with extensions, renewals, and adjustments to status.
Recommended read: Choose the best immigration lawyer
An employer files Form I-129 along with a written advisory opinion from an industry peer group or labor union.
If an O-1 Visa is sought for someone in motion pictures or television, a written advisory opinion must be obtained from a management organization and an appropriate labor union.
A copy of the contract between the employer and the O-1 visa beneficiary must be filed. If the contract is oral, a summation of the terms must be filed.
An itinerary must be filed, including an explanation of the nature of events the visa beneficiary will participate in and their beginning and ending dates.
Once your O-1 visa lawyers file all the information and documents, USCIS will decide on the application. Due to the O-1 visa processing time, everything needs to be filed at least 45 days before entry into the United States is sought.
A qualified O-1 visa attorney can help make sure that all of your documents and evidence are submitted according to the regulations and deadlines.
On average, the O-1 processing time is between 3 to 4 months for the application to process. Because the I-129 petition’s processing time is dependent on the service center that is responsible for processing it, determining the exact amount of time to expect can be difficult.
If you are pressed for time and have a need to expedite your O-1 processing time, then opting for this service may be a good option. This feature, for a fee of $2,805, will obligate the USCIS to process your petition in 15 calendar days or less. If it is not processed in this amount of time, the USCIS will refund your fee.
Make sure that you consult with your O-1 visa attorney before opting for premium processing to learn if this is an option that is appropriate for your situation.
There are typically two types of O-1 visa sponsors–an agent and an employer.
There are three important components a sponsor will need to provide on behalf of the applicant, and they are as follows:
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, but they will need to secure separate work authorization. Family members may not work in the United States under an O-3 classification, but they may participate in full-time or part-time study on an O-3 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.
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.
Read about how we supported a C-level manager of a large media company who approached our office looking to apply for an O-1A for a CEO. The case was approved within a few weeks of filing without a Request for Evidence. Read more
Read about how we supported a C-level manager of a large media company who approached our office looking to apply for an O-1A for a CEO.
The case was approved within a few weeks of filing without a Request for Evidence.
Read more
“A client of ours was a private pilot in South Africa seeking an O-1A visa during pandemic uncertainty. Typically with these visas, you need to demonstrate an extraordinary ability in the industry you are applying from. There is a very small pool of individuals who used our client for his services. He had previously tried filing with another firm and got denied. 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 usually sent out for these 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 very quick turnaround rate.”-Jenny (Grandview Aviation Case)
“A client of ours was a private pilot in South Africa seeking an O-1A visa during pandemic uncertainty.
Typically with these visas, you need to demonstrate an extraordinary ability in the industry you are applying from. There is a very small pool of individuals who used our client for his services. He had previously tried filing with another firm and got denied.
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 usually sent out for these 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 very quick turnaround rate.”-Jenny (Grandview Aviation Case)
“A highly accomplished actor in the motion picture and television industry came to us seeking an O-1B visa. He’s from the United Kingdom and was traveling to Georgia to start filming for his new show. Within less than a month, our client’s O-1B visa was approved and he was able to start filming for his new show!” -Jenny–Miami Nights-Mark Rowley (Actor)
Because there is a wide variety of possible items that could qualify as sufficient evidence for either visa subcategory, it is always advisable to seek the help of a qualified O-1 visa lawyer. Your lawyer will use their past experience with successful O-1 visas to help determine what constitutes sufficient evidence of extraordinary ability.
Let VisaNation’s experienced attorneys guide you through the O-1 visa process. From gathering evidence of extraordinary ability to filing petitions and extensions, our team ensures a smooth and successful application. Schedule a Consultation
Let VisaNation’s experienced attorneys guide you through the O-1 visa process. From gathering evidence of extraordinary ability to filing petitions and extensions, our team ensures a smooth and successful application.
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.
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.
