The O-1 Visa at a Glance

One key point: an organization in the US (for example a company, an association, a club, a university or an agent) must act as the applicant's sponsor. You cannot get an O visa as a "freelance artist". For some years now, however, it has been possible to sponsor yourself through your own company. 

The O-1 visa can be extended if the person with extraordinary ability is needed in the United States for longer than three years.

One big reason to consider the O-1 visa: the applicant's key assistants can qualify for an O-2 visa, which also lets them enter the United States to work. A scientist, for example, can get an O-2 visa for an indispensable lab assistant, or an actor an O-2 visa for a publicist.

The O-1 visa is also one of our 6 visa options for freelancers, the self-employed & influencers. Find out more here.

1O-1 visa types

O-1 visas are for people who are nationally and internationally recognized in their field and who show either extraordinary ability in science, business, education, the arts or athletics, or extraordinary achievement in film and television. The O-1A visa covers business, education, science and athletics. The O-1B visa is meant for the arts, film and television.

An alternative to the O-1 visa could be the H-1B visa, or rather the H-1B visa lottery. You can find out exactly how it works here.

2Qualifying for the O-1 visa

To qualify for an O-1 visa, applicants must show that they have received sustained national or international acclaim and are seeking to enter the United States to work in the same field in which they earned that recognition.

In science, business, education and athletics, this means showing that you are among the very top of your profession. In the arts, you must have achieved distinction, meaning you are a leading figure in the field.

Applicants for an O-1 visa in television or film must show that they are a leading or distinguished figure in the field.

3O-1A requirements

O-1A applicants must show that they have received a major award in their field, such as a Nobel Prize. Without such an award, an applicant must meet at least three of the following requirements:

• Awards or prizes for excellence in the field
• Membership in associations that require outstanding achievement for membership
• Published material about the applicant and their work
• Significant original contributions to the field
• Articles in scholarly journals
• A salary that reflects the applicant's extraordinary ability
• Serving on a panel that judges the work of others
• Employment in a critical role at a distinguished organization or institution

4O-1B requirements

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

• Evidence of past or future performances in a leading or starring role in distinguished events or productions
• National or international recognition for past achievements
• Evidence of past or future performances in a leading or starring role for distinguished organizations or institutions
• Evidence of major commercial success or critical acclaim
• Recognition of achievements by critics, experts or government bodies
• Evidence of comparatively high pay for the work

Because there are many ways to meet the criteria for either category, it is always wise to get help from an experienced O-1 visa attorney. The attorneys on the firm's team draw on their experience with successful O-1 petitions to determine what counts as sufficient evidence of extraordinary ability.

5The visa process

To obtain the O-1 visa, an employer must file Form I-129 together with a written advisory opinion from a peer group or labor union. If the O-1 visa is for someone in film or television, a written advisory opinion must be obtained from the relevant organization and union. A copy of the contract must also be submitted. If the contract is oral, a summary of its terms must be prepared.

You also need an itinerary that explains the nature of the events the applicant will take part in, along with their start and end dates. Once the attorneys have submitted all information and documents, USCIS decides on the petition. Given the processing time for the O-1 visa, it is important to file everything at least 45 days before entering the United States.

An experienced attorney can help make sure all documents and evidence are filed correctly and on time.

6Processing time

On average, the O-1 visa is processed faster than other visas. Still, you should allow three to four months for your petition. Because I-129 processing times depend on the specific service center, it can be hard to pin down the exact timeline.

7Premium processing (expedited service)

If you are short on time and need your petition processed faster, the USCIS premium processing service can be a good option. For a fee of $2,965, USCIS commits to processing your petition within 15 business days. If it fails to do so, USCIS refunds the fee.

Many applicants believe this service improves their chances of approval or even guarantees it. It does not. Premium processing only speeds up USCIS processing.

Ask your O-1 visa attorney whether premium processing makes sense in your specific situation.

8Change of status

In some cases, a person in O-1 status can apply for a change of status (COS) to another nonimmigrant status or even permanent residence. That is because the O-1 classification is considered "dual intent": unlike other work visas such as the TN and J-1, you can apply for your green card while in O-1 status. If you are in the US and want to change your status, you must first meet these criteria:

• You were admitted to the country in a nonimmigrant status (such as O-1)
• You have not committed a crime or any other act that would make you ineligible for immigration benefits
• There must be no outstanding factors requiring you to leave the country before the change of classification
• You must file the change of status application before your I-94 expires

9Advantages of the O-1 over the H-1B and other work visas

Because the H-1B and the O-1 visa share many requirements, people often ask which one has the edge. Choosing an O-1 visa over the H-1B brings two clear advantages:

1. There is no annual cap for the O-1 category. The H-1B, by contrast, is limited each year to 65,000 regular visas plus 20,000 under the master's exemption. The O-1 has no annual cap and is open to anyone who meets the requirements.
2. After the initial three-year approval period, your O-1 visa can be extended in one-year increments. These extensions can be granted indefinitely, as long as the holder maintains nonimmigrant status and can show that the extended stay in the US is needed to complete their work. For more on extending the O-1 visa, see our guide How to make your O-1 visa extension a success.

The H-1B visa is also granted for three years at first. After that, it can be extended by two years, and a further extension may be possible (though it is not guaranteed).

People in J-1 exchange visitor status usually have to return to their home country for two years before they can apply for an H visa, an L visa or permanent residence. If you choose the O-1, you may be able to return to the US without meeting the two-year home residency requirement.

10O-1 sponsorship

There are usually two kinds of sponsor for an O-1 visa: an agent and an employer. An employer, as you might expect, is a company or person the applicant will work for or provide services to. You also have the option to set up your own company to act as your sponsor.
An agent, on the other hand, is hired to represent the applicant's abilities and find them suitable work.

A sponsor has to provide three key elements on the applicant's behalf:

• Details such as name, address, tax identification number, gross income, net income, number of employees and so on
• A signed petition requesting work status
• A commitment to work with the applicant in the way proposed

Want to travel to the United States without a visa? Find out here everything about the Electronic System for Travel Authorization (ESTA), plus tips and tricks for a stress-free trip. You'll find all our other articles on the O visa in our O visa overview.

In short

• The O-1 requires a US organization to act as your sponsor, and that can be your own company; essential assistants can get an O-2.
• The O-1A covers business, education, science and sports, the O-1B covers the arts, film and television; you need to show a major award or three of the listed criteria.
• The employer files Form I-129 with expert opinions, the contract and an itinerary; allow three to four months, or 15 business days with Premium Processing.
• Unlike the H-1B, the O-1 has no annual cap and can be extended in one-year increments.

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.