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Overview

The O-1 visa is a non-immigrant visa category designed for individuals with extraordinary ability or achievement in their respective fields. It is specifically tailored for professionals in various domains, including the arts, sciences, education, business, and athletics. The O-1 visa allows individuals to come to the United States to work temporarily in their area of expertise, making it an excellent option for those who have achieved significant recognition or acclaim in their field.
 

The O-1 visa is divided into two subcategories:
 

• O-1A: For individuals with extraordinary ability in the sciences, business, education, or athletics.

• O-1B: For individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
   

Requirements for an O-1 Visa

To qualify for an O-1 visa, applicants must meet stringent requirements demonstrating their extraordinary ability or achievements. These requirements differ slightly depending on whether the applicant is applying for an O-1A or O-1B visa.
 

General Requirements:

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1. Evidence of Extraordinary Ability or Achievement:

   • For O-1A Applicants (Science, Education, Business, Athletics): The applicant must demonstrate extraordinary ability, proven by national or international acclaim, and must be recognized as one of the small percentage of professionals at the top of their field. Evidence includes:
      

     • Receipt of major internationally recognized awards (e.g., Nobel Prize).

     • At least three of the following types of evidence:

       • Membership in organizations that require outstanding achievement.

       • Published material about the applicant in professional or major trade publications.

       • Original contributions of major significance in the field.

       • Participation on a panel or as a judge of others in the field.

       • Authorship of scholarly articles in professional journals.

       • Employment in a critical role for organizations with a distinguished reputation.

       • Command of a high salary or remuneration for services.
          

   • For O-1B Applicants (Arts, Motion Picture, Television Industry): The applicant must show distinction or extraordinary achievement, depending on their industry. Evidence includes:

     • Prominent roles in productions or events with distinguished reputations.

     • National or international recognition through critical reviews, publications, or endorsements.

     • Significant commercial or critically acclaimed success (e.g., box office hits, awards).

     • Leading or starring roles in productions or projects.

     • Commanding a high salary compared to others in the field.
        

2. U.S. Sponsorship Required:

   • An O-1 beneficiary cannot petition for him/herself. Applicants must have a job offer or a contract with a U.S. employer in their area of extraordinary ability. The offer should outline the specifics of the role, including duties and compensation. Importantly, however, both U.S. employers and U.S. agents can sponsor O-1 beneficiaries. This is particularly helpful for artists, entertainers, performers, and other creatives who may typically be self-employed​

   • When to Use an O-1 Agent as the Petitioner: A U.S. agent can petition for the O-1 beneficiary and represent them in different capacities. The agent could serve as the beneficiary’s employer or as an agent representing both the beneficiary and other (multiple) employers or entities for employment or short-term projects.

     • Example 1: A U.S. agent files for self-employed workers, such as freelance graphic designers, content creators, business consultants, or authors.

     • Example 2: A U.S. agent files for workers who use agents to arrange short-term employment with numerous employers. This is particularly relevant in industries where agency relationships are common, such as modeling, entertainment, sports, and music.

     • Example 3: A U.S. agent files for a foreign employer who authorizes an agent to act on its behalf
        

3. Written Consultation:

   • A written advisory opinion from a peer group, labor union, or management organization in the applicant’s area of expertise is required. This letter will confirm the applicant's extraordinary ability or achievement and their eligibility for the O-1 visa.
      

Benefits of an O-1 Visa

• No Annual Cap: Unlike H-1B visas, the O-1 visa is not subject to a cap or lottery system, meaning there is no limit on the number of visas issued each year.
   

• Dependents: O-1 visa holders can bring their spouse and children under 21 to the U.S. on O-3 visas. While O-3 dependents are not permitted to work, they can study in the U.S.
   

• Flexibility of Extensions: An inital O-1 may be approved for a 3 year period. Thereafter, O-1 status may be extended indefinitely in one-year increments as long as the O-1 worker continues to work on the same project or activity requiring extraordinary ability.
   

How to Apply for an O-1 Visa

The application process for an O-1 involves the following steps:
 

1. Employer or Agent Sponsorship:

   • The application process begins with a U.S. employer or U.S. agent filing a petition (form I-129) on behalf of the O-1 beneficiary with the U.S. Citizenship and Immigration Services (USCIS). The petition must be filed at least 45 days before the intended employment start date but no more than one year in advance.

     • The petition must include:

       • Documentation proving the applicant’s extraordinary ability (e.g., awards, publications, media, achievements).

       • A detailed job description or itinerary of services if multiple contracts are considered.

       • Copies of contracts or agreements with the employer/agent/end-clients.

       • The written consultation letter from a peer group, labor union, or management organization.
          

2. USCIS Review and Approval:

   • USCIS will review the petition and supporting documentation and may approve, deny or issue a request for evidence (RFE). If approved, the applicant will receive a Form I-797 (Approval Notice). Regular processing times vary but premium processing is available for an additional filing fee of $2,805 which guarantees USCIS action within 15 business days. 
      

3. Visa Application:

   • If the applicant is outside the U.S. and not visa exempt (Canadian citizens), then they must apply for an O-1 visa at a U.S. embassy or consulate. This involves:

     • Completing Form DS-160 (Online Nonimmigrant Visa Application).

     • Attending a visa interview, where they will present documentation, including the Form I-797 Approval Notice.
        

4. Entry into the U.S.:

   • Once the I-797/visa is granted, the applicant can enter the U.S. to begin working on the project(s) or position outlined in the petition.
      

Contact Us

If you’re considering applying for an O1 visa or have any questions about the process, our law firm is here to assist you, don't hesitate to contact us and book a consultation at your earliest convenience. We specialize in U.S. employment immigration law and can guide you through every step of the application process. Contact us today to schedule a consultation!