O-1 Visa Guide: Definition, Requirements, Application, and Process

The O-1 Visa is a nonimmigrant visa that allows individuals with extraordinary abilities or achievements to work legally in the US for a specific length of time. Individuals with extraordinary abilities have nationally or internationally recognized awards and achievements and are known to be experts in their respective fields. The O-1 Visa is applied by a petitioner or employer. The applicant should provide sufficient evidence of his/her qualifications and merits to be eligible for the O1 Visa.

The O-1 Visa holder’s assistant/s, spouse, and children can come with him/her to the US. The O-2 Visa is granted to the assistant/s accompanying the O-1 Visa holder to the US. The O-3 Visa is given to the spouse and children (dependents) of the O1 Visa holder to grant their entry to the United States.

What is an O-1 Visa?

The O-1 Visa is a nonimmigrant US visa for foreigners with extraordinary abilities or achievements in the fields of sciences, arts, education, business, or athletics. The O-1 Visa defines a person as having extraordinary ability if he/she has nationally or internationally recognized awards and achievements and is known to be a frontier in their respective fields.

People who have excelled in the fields of sciences, education, arts, business, or athletics are specifically classified under the O-1A category of the O-1 Visa. People who are renowned in the film or television industry are classified under the O-1B category of the O-1 Visa.

O-1 Visa holders can bring their assistant/s, spouses, and children under the O nonimmigrant classification. The O nonimmigrant classification for assistant/s of an O1 Visa holder is referred to as the O-2 Visa. The O nonimmigrant classification for the spouse and children of the O-1 Visa holder is referred to as the O-3 Visa.

How Does an O-1 Visa Work?

The O-1 Visa is granted to individuals who are entering the U.S. for an event or special project based on their unique and outstanding qualifications. Eligibility for the O-1 Visa is specific to the field of expertise of the individual.

An individual with extraordinary ability in science, education, business, or athletics should be able to meet at least 3 of the following criteria to qualify for the O-1 Visa.

1. You received a national or international award such as a Pulitzer Prize or an Olympic medal.
2. You have been the subject of a publication in the professional, major trade, or major media due to your merits and work.
3. You have a membership in organizations that recognize extraordinary abilities and achievements in a specific field of practice.
4. You contributed original work in the educational, scientific, or business fields that led to their advancement.
5. You have acted as a judge individually or in a panel to evaluate the work of others in your field.
6. You have published scholarly articles in professional journals or major media.
7. You have previously worked for an esteemed organization or institution in an essential or critical capacity.
8. You have commanded a high remuneration or salary for your services.

An individual with extraordinary ability in the field of arts must provide evidence of distinction through critical reviews, advertisements, publicity releases, publication contracts, or testimonials. You must meet at least 3 of the following to qualify for the O-1 Visa.

1. You have received or will receive a national or international award such as an Oscar, Emmy, or Grammy.
2. You have performed or will perform for a distinguished event.
3. You have a record of significant commercial or critical successes.
4. You have recognition from critics, organizations, or government agencies as an outstanding individual in your field.
5. You have commanded or will command a high remuneration or salary for your services.

What are the Benefits of O-1 Visa?

These are the top advantages of the O-1 Visa.

• The O-1 Visa has no limit on the number of extensions. The validity of the O-1 Visa will depend on the time needed for you to stay in the US for work. The maximum validity of the O1 Visa is 3 years. This can be extended in 1-year increments.
• The O-1 Visa has a flexible pathway for a green card (permanent residence). A green card (permanent residence) allows you to legally stay and work in the US indefinitely. You do not have to prove permanent residence and stable ties to your home country.
• The O1 Visa has provisions for your assistants and family members. You can bring them with you to the US via the O-2 and O-3 Visas.

What are the Risks of O-1 Visa?

These are the top disadvantages of the O-1 Visa.

• The O-1 Visa eligibility and requirements are challenging to meet. You need to provide evidence of extraordinary abilities and achievements to qualify and be approved for the O-1 Visa.
• The O1 Visa requires employer sponsorship. You cannot file the O-1 Visa for yourself. Your employer will petition this for you. You need to have a job or an event in the US for the O-1 Visa.
• The O1 Visa does not allow your dependent spouse to work in the US.

How Much Does an O-1 Visa Cost?

The O1 Visa application fees can be paid via money order or a cashier’s cheque to the United States Citizenship and Immigration Services (USCIS). It is advisable to pay the fees individually to prevent issues during processing.

The costs included in applying for an O-1 Visa are as follows.

• Petition for Nonimmigrant Worker (Form I-129)– $460
• Online Nonimmigrant Visa Application (Form DS-160)– $190.
• Premium processing (optional)- $2,500

Other costs incurred during your O-1 Visa application include expenses for evidentiary documents, immigration lawyer fees, and other situational costs.

Extending your O-1 Visa requires you to file a new Petition for Nonimmigrant Worker (Form I-129). O-1 Visa extension requires your spouse and children (dependents) to file an Application to Extend/Change Nonimmigrant Status (Form I-539) worth $370. Changing employers while on an O1 Visa requires a new Form I-129.

How to Apply for an O-1 Visa?

A petitioner or employer initiates the process of O-1 Visa application to the United States Citizenship and Immigration Services (USCIS) with the applicant as beneficiary. The recommendation is to apply no more than a year, or at least 45 days before the event or employment.

These are the 5 steps for an O1 Visa application.

1. File Form I-129 with USCIS. Your petitioner submits Form I-129 along with a written advisory opinion from experts in the relevant field of practice.
2. Submit your fully filled Online Nonimmigrant Visa Application (Form DS-160).
3. Settle the fees for the O-1 Visa application.
4. Schedule an interview with the US Embassy or Consulate.
5. Attend the scheduled interview and bring the necessary documents to support the O1 Visa application.

How Long is the Process of O-1 Visa?

The O1 Visa application process is shorter compared to other visas. The filing and processing of Form I-129 in the USCIS can be between 2-3 months. You can opt for premium processing to shorten the processing time to 15 calendar days.

What Are the Requirements for an O-1 Visa?

Both the petitioner and beneficiary of the O-1 Visa are required to present documents to get the application approved.

The petitioner or employer needs to prepare the following documents along with Form I-129 for the O-1 Visa application.

• A copy of the written contract between the US employer or agent sponsor.
• A written advisory opinion from experts in the relevant field of practice.
• Evidence of event itinerary, nature of activities, and the duration of the work.

The beneficiary or applicant needs to have the following documents along with Form DS-160 for the O1 Visa application.

• Proof of your extraordinary abilities and achievements such as awards, publications, or membership in esteemed organizations.
• A valid passport.
• A colored 2×2 photo taken within 6 months before the application against a white background.
• Your interview appointment letter and the Approval Notice (Form I-797) from the USCIS.
• Proof of payment for the Machine Readable Visa (MRV) fee.

What are the Interview Questions of O-1 Visa?

The O1 Visa applicant who is already in the US on another nonimmigrant visa does not need to go to the visa interview. Applicants outside of the US need to go to the interview after their petition has been approved by the USCIS. Being prepared with your O-1 Visa Interview Questions and Answers will help get your application approved.

These are 5 examples of common O-1 Visa interview questions.

1. What company or organization do you work for? Understand the work that your organization or employer does. Be clear and specific about what you will perform in the United States for this organization or employer.
2. What qualifications do you have to fill the position? State your qualifications succinctly. Be honest with your merits and credentials. Bring supporting documentation to prove that you are right for the position or work you will be doing in the US.
3. How do you qualify for the O-1 Visa? Make sure you have reviewed your O-1 petition and know which of the O-1A or O-1B categories applies to you.
4. Currently, what is your salary? Demonstrate that you have commanded or will command a high salary to prove your extraordinary standing in your field and provide evidence.
5. How long do you plan on staying in the U.S.? Be honest and know the length of time needed for you to stay in the US for the event or work you are needed for.

What are the O-1 Visa Approval Statistics?

In the past years, the O-1 Approval Rate has varied. The Request for Evidence (RFE) issued has increased by 7.7% in 4 years demonstrating the growing strictness in the approval of petitions. There is no annual cap on O-1 Visas. The O1 Visa has a maximum validity of 3 years and can be extended unlimitedly.

This table summarizes the trend of O-1 approval from 2016-2021.

This table shows the number of O-1 Visas approved from 2010-2015.

What Happens if Your O-1 Visa Application is No Longer Valid?

There is no limit to the number of extensions to your O-1 Visa. You can apply for one-year extensions after your initial O1 Visa is no longer valid.

You should meet the following conditions to qualify for an O-1 Visa extension.

• Provide evidence that your US employment or project is still ongoing. You need to have updated documentation of your exceptional ability.
• File a petition before your existing O-1 Visa expires in order to keep your status and continue to receive income.
• Have a valid visa all throughout your stay in the US and upon the filing of the extension.
• Have not committed any crimes and have not violated the conditions of your legal admission to the US.

Follow these instructions to file for an O1 Visa extension.

• File a new I-129 to the USCIS. Similar to your initial O1 Visa, this step is accomplished by your employer.
• Present a copy of your Arrival/Departure Record (I-94).
• Provide evidence of why your O-1 Visa should be extended. The employer supplies the evidence to back up your O1 Visa extension. Your petition for an extension can be aided by factors including scheduling, activities left undone, and any explanations for why the project was delayed.

What are the Differences Between O-1 Visa and EB-1 Visa?

Both the O-1 and EB-1 Visas are granted to individuals with extraordinary abilities and achievements in their respective fields. The EB-1 Visa is an employment-based immigration visa that is granted to foreign individuals with extraordinary abilities, to outstanding professors or researchers, and to select multinational executives or managers.

These are the main differences between the O-1 Visa and the EB-1 Visa.

• The filing of the visa application. The O-1 Visa requires a petitioner to file the application for the beneficiary. The EB1 Visa can be petitioned by the applicant himself/herself to the USCIS.
• The ability of dependents to work. The O-1 Visa does not allow the applicant’s dependents to work in the US. The EB-1 Visa allows the applicant’s dependents to work legally in the US.
• The ability to apply for a green card. The O-1 Visa only allows for a temporary stay in the US as it is a nonimmigrant visa. The EB1 Visa is an immigrant visa with a direct path to permanent residence for the applicant and his/her dependents. Check our guide on how to change your O-1 Visa to Green Card to know your options in becoming a US permanent resident.

What are the Differences Between O-1 Visa and H-1B Visa?

Both the O-1 and H-1B Visa require employer sponsorship to obtain legal entry to the US. The H1B Visa is a nonimmigrant visa for foreign professionals hired by US employers to work in specialty occupations. Specialty occupations include the fields of finance, information technology (IT), architecture, and engineering.

These are the primary differences between the O-1 Visa and the H1B Visa.

• The duration of stay allowed in the US. The O-1 Visa is approved based on the amount of time needed for the applicant to be in the US. The maximum length of stay with the O-1 Visa is 3 years which can be extended at 1-year increments unlimitedly. The H-1B Visa’s maximum validity is 6 years. The total duration of the H-1B Visa is the initial validity of 3 years and an extension for another 3 years.
• The difficulty of meeting the requirements. The O-1 Visa needs evidence proving the applicant’s extraordinary abilities and achievements to be approved. The minimum requirement for an H-1B Visa is a bachelor’s degree.
• The processing time. The O-1 Visa can be filed at any time of the year. The H-1B Visa needs to be filed in April and wait until October to get your visa approved. The O1 Visa is generally faster to obtain than an H1B Visa.

How Long Can I Stay in the US with an O-1 Visa?

O-1 Visa validity depends on the length of time you are needed in the US for an event, project, or tour. Initial O-1 Visas are issued for a maximum initial period of 3 years. The O-1 Visa allows for unlimited renewals, which are given in 1-year increments.

Can I Work on an O-1 Visa?

Yes, you can work on an O-1 Visa within certain limits. You can only work on projects and events for which your visa was granted. The itinerary provided by your petitioner or employer must be followed without any deviations. The start and end dates indicated in your application will determine when your employment begins and ends.

Can an Immigration Lawyer Speed Up the Process of O-1 Visa?

No, what an immigration lawyer can do is assist with the whole application process including obtaining O-2 and O-3 Visas. An Immigration Lawyer can help make sure that the needed requirements, inducing documentation and evidence, to prove your eligibility for the O-1 Visa are complete and correct.