Frequently Asked Questions About the US O-1 Visa

Who can get an O-1 visa? The O-1A and O-1B visas are designed specifically for foreign nationals with extraordinary ability in science, business, the arts, athletics, education or the film and television industry who want to work for a US company. Each type requires different evidence of recognition in your field, such as internationally recognized awards, high salaries or acclaimed work.

1Which O-class visa should I apply for?

These O-1 visa FAQs cover four types of O-class visa, each tied to a specific kind of person and considered together with their employment contract:

• O-1A: for people who can demonstrate extraordinary ability in science, business, education or athletics. 
• O-1B: for people with extraordinary ability in the arts, including those in the film and television industry.
• O-2: for anyone who is an "integral or essential part" of completing the production, employment or activity of the O-1A or O-1B visa holder.
• O-3: for anyone who qualifies as the spouse or child of an O-1 or O-2 visa holder.

2What counts as evidence of extraordinary ability?

The evidence can be anything that sets you apart from your peers in your field. An internationally recognized award such as a Nobel Prize or an Oscar is enough on its own. If you don't have one, three (3) of the following will do.

O-1A:

• A nationally or internationally recognized prize for excellence in your chosen field.
• Officially recognized original contributions to your field.
• Proof of membership in an organization or association that requires outstanding achievement in your field for membership.
• A significant salary or other compensation for outstanding achievement in your field.
• Proof that you have served on a panel judging the work of others in your field.
• A critical role in a relevant and distinguished organization.
• Scholarly articles written for respected journals and other media.
• Published material in publications or other media relevant to your employer and your employer's work in your field.

O-1B:

• Evidence in advertisements, publications or reviews of your performance in, or participation in, reputable productions or events.
• Evidence in magazines, newspapers or other publications of your critical role in, or participation in, distinguished organizations or institutions.
• A remarkable salary or other compensation for extraordinary achievement compared with others in your chosen field.
• Recognition from agencies, critics, organizations or other experts for outstanding achievement in your field.
• A record of critical acclaim or commercial success.
• The list of evidence in these O-1 visa FAQs is not exhaustive. If you believe you have extraordinary ability that isn't listed in these O-1 visa FAQs, please contact an immigration expert.

3Who can file an O-1 petition?

As with most other employment-based visas, your O-1 petition can only be filed by your employer or an agent: you cannot file it yourself. You can, however, sponsor yourself through your own US company. Find out exactly how that works here. The petition must be filed with the USCIS Service Center with jurisdiction over your intended place of work. The nature of your O-1 job determines whether you need an employer or an agent to back your petition.

If a US employer offers you a full-time position, the employer should act as the petitioner for your O-1 visa and file the petition on your behalf. In this arrangement, you would work as an employee of the organization.

Sometimes an O-1 beneficiary wants to work for several employers, which is another advantage of the O-1 visa. In that case, you may be working as a self-employed professional with several organizations. You still need an authorized person or organization to sponsor your petition, though. This is a situation where you can have an agent file your petition.

If you plan to work with several employers through a petition filed by an agent, the petition must include contracts between you and each employer. Other supporting documents include an itinerary of activities or engagements for each employer, the names and addresses of each employer, and the venues for each activity.

4How does the process of getting an O-1 visa work?

These O-1 visa FAQs apply to all applicants, and every case can be unique, so contact an immigration expert if you think your situation may be unusual. For most people, though, the first step toward an O-1 visa is filing Form I-129, Petition for a Nonimmigrant Worker, together with the filing fee.

This must be accompanied by a written advisory opinion from a respected person or peer group in your employer's field. If you are applying for an O-1 in the film or television industry, the opinion must come from a relevant union and a management organization in the employer's field.

A copy of the contract between you and your employer must also be included. A written summary of an oral agreement is also enough, as long as it sets out what your employer offered you and what you accepted. The last item to submit is a detailed itinerary of the events and/or activities you plan to take part in while you are in the United States.

The itinerary must include start and end dates. Once everything is gathered, the O-1 visa attorneys on the team at Mount Bonnell Advisors file the documents and USCIS begins reviewing your petition. All of this must happen at least forty-five (45) days, but no more than one year before your start date.

5How much time should I allow to get an O-1 visa?

Processing for an O-1 visa is relatively fast compared with other work visas, though you should still allow three to four months. To learn more about processing times and the other topics covered in these O-1 visa FAQs, take a look at this article.

6What is the difference between the O-1 visa and the H1-B visa?

Choosing the O-1 over the H1-B has several advantages. First, there is no limit on the number of O-1 visas that can be issued to anyone who meets the requirements. H1-B visas have a strict cap of 85,000 visas per year, which makes applying a real competition where approval can't be guaranteed.

Second, there are extension options for the O-1 visa in one-year increments, so you can tailor the time you stay in the US to finishing your contract. H1-B visas are capped at six years in total, and extensions come in fixed increments even if you only need one year.

The final advantage: holders of certain visas, such as the J-1 exchange visa, may have to meet a foreign residence requirement and spend two years in their home country before applying for other visas or permanent residence. O-1 visa holders can return to the United States without meeting any foreign residence requirement.

7How long can I stay on an O-1 visa?

The O-1 visa is issued for an initial stay of up to three years, and after the first approval you can apply for an unlimited number of extensions. Your status can be extended in one-year increments or until your project is finished, as long as you can provide supporting evidence. You can apply for an extension no earlier than one year before you need it. Most importantly, file your petition before your current status expires.

8How can I extend my O-1 visa?

If you need more time in the US to fulfill your contract, you can apply for an extension as long as you meet the following requirements:

• You entered the US lawfully and your visa for that entry has not yet expired.
• You have not violated the terms of your visa and have not been convicted of a crime that would jeopardize your visa status.
• Your passport remains valid for the full length of the extension you are requesting.
• If you meet the requirements above, you need to submit three documents:
• A copy of your arrival/departure record (Form I-94)
• A new filing of Form I-129
• A written statement explaining why you are requesting the visa extension.

If your statement makes clear how important you are to the contract and to your employer's work, it helps USCIS decide whether your O-1 visa should be extended. If you need more information than this O-1 visa FAQ covers, visit www.uscis.gov.

9Will I be deported if I overstay my visa?

If you need more time to complete your contract and your O-1 visa extension request is denied, you can stay until the departure date shown on your I-94 without having to worry about being forcibly removed.

If you do not leave the United States by that date, however, you risk deportation and a possible bar on any future entry into the United States. If the extension of your O-1 visa is denied, please get in touch with Mount Bonnell Advisors.

10Does the O-1 visa allow dual intent?

Yes, the O-1 visa allows dual intent. That means as an O-1 visa holder you can apply for permanent residence and change your status from nonimmigrant to green card holder. Dual intent lets a nonimmigrant visa holder obtain or keep their nonimmigrant status even though they intend to obtain permanent residence (a green card). This advantage is one of the things that sets the O-1 classification apart from several other nonimmigrant visas.

Dual intent for the O-1 is similar to the H-1B, with one specific difference. In the early stages of the green card process, such as labor certification, the same dual intent rule applies to H-1B and O-1 holders. Once the application moves into the adjustment of status stage, though, the rule changes slightly:

• An H-1B holder with a pending adjustment of status application can travel abroad and re-enter the US either as an H-1B holder or on advance parole.
• An O-1 visa holder can also keep their O-1 status while the adjustment of status application is pending. Where needed, they can also apply for an extension of status, but travel abroad follows very different rules. If you want to travel while the petition is pending, you must apply for advance parole before leaving the US. Otherwise your pending I-485 petition may be treated as abandoned. And if you want to keep working for the same employer after re-entering the US, you also need an EAD (Employment Authorization Document).

11Can my family members and support staff come with me?

Yes. As an O-1 beneficiary, you may be accompanied by your immediate family (spouse and children). They can also join you later, after you have arrived in the United States. They must apply for the O-3 visa and go through the proper application process. If your activities in the US require your support staff to be with you, your support staff or assistant(s) may also qualify to accompany or join you. To do so, they must show that they are an "integral or essential part" of those activities, and they would need to apply for an O-2 visa.

Both the O-2 and O-3 visas are issued for the same length of stay granted to the principal O-1 beneficiary and can only be extended for the same period. In other words, when your O-1 activities end, your dependents and assistants on O-2 and/or O-3 visas must also leave the US.

It is also important to note that your dependents on an O-3 visa may not seek employment in the United States. They can enroll in studies at any level, but their course of study may not run beyond the total length of stay on your O-1 visa, unless they change to another status that gives them more time.

12Can I get an O-1 visa through a change of status, or do I have to go through consular processing?

You can apply for an O-1 visa either through consular processing or through a change of status. Keep in mind, though, that each route has its own application process. If you are in the United States in another nonimmigrant status, you can apply for a change of status to an O-1. Your employer must start the process by sending Form I-129 to USCIS. If the petition is approved, your status automatically changes to O-1 once the I-129 is approved.

If you choose consular processing, your application continues at a US consulate or embassy abroad after USCIS approves the Form I-129 filed by your employer. You will receive a notice explaining how to schedule your interview at the embassy or consulate. The main concern with consular processing is that your case may be placed in administrative processing after the interview. That delays your visa, because you would have to wait until the consulate reaches a decision.

13How the attorneys on the Mount Bonnell Advisors team can help with immigration

The prestige of the O-1 makes it one of the most sought-after nonimmigrant visas. Unfortunately, its eligibility criteria put it out of reach for many applicants. The good news: working with an immigration attorney can help you clear these hurdles and improve your chances.

The US immigration attorneys on the Mount Bonnell Advisors team have an excellent track record of helping O-1 applicants secure their visa and overcome any obstacles along the way. They help you gather your evidence and file it correctly with USCIS. For thorough advice on the O-1 visa, book a consultation through our website today.

The immigration attorneys on the firm's team also support individuals and companies with immigrant and nonimmigrant visas, including green card petitions, family and marriage visas, business visas such as the L and H-1B, labor certifications and EB-1, EB-2 and EB-3 green card petitions. They work across all areas of immigration law, including: 

• Family-based and employment-based green cards
• Work visas (H-1B visa, L-1 visa, O-1 visa)
• PERM labor certification
• Investor visas (E-1, E-2)
• Family visas (K-1, K-2, K-3)
• Citizenship & naturalization
• Removal defense and asylum.

Want to travel to the United States without a visa? Find out everything about the Electronic System for Travel Authorization (ESTA) here so your trip goes smoothly. You will find all our other articles on the O visa in our O visa overview.

In short

• There are four O visas: O-1A, O-1B, O-2 for essential support staff and O-3 for spouses and children.
• The petition is filed by an employer or an agent, which can be your own US company; it includes advisory opinions, the contract and an itinerary of the activities.
• The O-1 is initially valid for up to three years and can be extended in one-year increments.
• The O-1 allows dual intent; if you want to travel while a green card application is pending, you need advance parole first.
• O-3 dependents may not work, but they may study.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.
• Visa Roadmap for Company FormationFormation and visa in one plan, so the company carries the visa.
• Moving to the USAVisa, bank account, taxes and where to live: your move with Mount Bonnell Advisors.