The O1 visa is a non-immigrant visa designed for foreign nationals with extraordinary ability or a distinguished reputation in the sciences, arts, education, business, or athletics to temporarily work in their field in the U.S.

The O1 is considered prestigious and to qualify for an O1 visa, applicants must demonstrate extraordinary ability or achievement in their field through sustained national or international acclaim. They must demonstrate extensive evidence such as major awards, publications, membership in professional organizations, and other achievements in their petition for the O1 visa.

There are two O1 class visa types. The O1 A visa is for individuals with extraordinary ability in the sciences, education, business, or athletics. The O1B Visa is for individuals with extraordinary ability in the arts, including music, theater, film, television, or other performing arts.

The O1 visa can be granted for an initial period of up to three years. Extensions are available in one-year increments as long as the individual maintains their level of extraordinary ability or achievement and continues to work in their field.

The O1 visa is for individuals who possess extraordinary ability or achievement in fields such as science, arts, education, business, or athletics. An internationally recognized award like an Academy Award is considered sufficient but if not, showing proof of at least three of the following can be substituted:

For an O1A visa:

Awards or prizes of major significance received in your field

Membership in an organization that has a membership requirement of outstanding achievement

A significantly high salary or other notable forms of compensation for services in your field

Published material in major media that is relevant to your field of work or written about you and your work

Participation as a judge of the work of others in your field of endeavor

Having a critical role in a distinguished and relevant organization and/or company in your field

Evidence of published scholarly articles written for relevant and reputable journals or other forms of media

Officially recognized contributions to your field 

For an O1B visa: 

Evidence that you’ve performed or participated in distinguished productions related to your field from reviews, advertisements, publicity releases, publications, contracts, or endorsements

Evidence that you’ve performed and will perform in a lead, starring, or critical role for distinguished organizations from articles in newspapers, trade journals, publications, or testimonials

Evidence that you have achieved national or international recognition in your field found in critical reviews or other published materials or media

A record of critical acclaim or success

Evidence of significant recognition for achievements from organizations, critics, government agencies or other recognized experts in your field

A significantly high salary or other notable forms of compensation for services in your field

The cost of an O1 visa includes various fees associated with the petition filing and, if applicable, premium processing. 

Filing Fee for Form I-129: The employer or sponsor petitioning for the O1 visa on behalf of the beneficiary (applicant) must submit Form I-129, Petition for a Nonimmigrant Worker. The filing fee for Form I-129 is $460.

There are also several optional fees: 

Consultation Fees

For O1 visa petitions in the O1A category (intended for science, education, business, or athletics), a written advisory opinion from a peer group or a person with expertise in the beneficiary’s field is required. The cost of obtaining this consultation may vary depending on the organization or individual providing the opinion.

Premium Processing Fees

Employers have the option to request premium processing for Form I-129, which guarantees a 15-calendar-day processing time for an additional fee. The current cost for the O1 processing fee is $2,805.

Attorney Fees

Many applicants choose to work with an immigration attorney to prepare and submit their O1 visa petition. Attorney fees can vary depending on the complexity of the case and the services provided.

Obtaining O1 Sponsorship

To gain an O1 visa, you must have a U.S. employer, agent, or sponsor to petition for the O1 visa on your behalf. They will file Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on your behalf.

Submit O1 Petition to USCIS

Your sponsor will submit Form I-129 along with the supporting documentation listed above to USCIS. USCIS will then review the petition to determine whether you meet the criteria for extraordinary ability or achievement in your field. 

USCIS will adjudicate the petition. They may request additional evidence or documentation (RFE) to support your eligibility for the O1 visa. If the petition is approved, you will receive a Form I-797 Notice of Action indicating approval of the petition. You can then travel to the United States to engage in your planned activities or employment.

Applying O1 Visa from Outside of the US

If you are outside the United States, you will need to apply for an O1 visa at a U.S. embassy or consulate abroad. You will need to complete Form DS-160, Nonimmigrant Visa Application, schedule a visa interview, and bring the required documentation to the interview.

If required, you may be required to attend a biometrics appointment to provide fingerprints, photographs, and signatures as part of the visa application process.

You may also be required to attend an interview at the U.S. embassy or consulate, where a consular officer will review your application, documentation, and eligibility for the O1 visa.

While the processing times for O1 visas are much faster than other work visas like the H1b visa, there is currently no set processing time. The O1 visa processing time depends on various factors, including the workload at the specific USCIS processing center, the completeness of the application, and whether any additional information or documentation is required. Currently, estimates say that the O1 visa processing time can take anywhere from 3 weeks up to 4 months. It is best to apply for the O1 visa at least six months before your planned arrival date to the U.S. in case of delays.  

There is an option for the premium processing service, which guarantees a 15-calendar day processing time for an additional fee. If expedited processing is needed, the petitioner can request premium processing by filing Form I-907 (Request for Premium Processing Service) along with the applicable fee. Currently, the fee for Form I-907 is $2,805 for the O1 visa but this is subject to change.

Premium processing does not guarantee approval of the petition either. It only ensures faster processing. Additionally, USCIS may issue a Request for Evidence (RFE) if additional information or documentation is required, which can extend the processing time.

The initial period of stay granted with an O1 visa can be up to three years but the start date and end date given is typically based on the duration of the event, activity, or employment for which the beneficiary (visa holder) is admitted to the United States. This could vary from a few months to up to the three-year limit. 

O1 visa holders may be eligible to apply for extensions of their O1 visa beyond their initial approved period. Extensions are granted in increments of up to one year, based on the duration of the event or activity for which the visa holder is admitted.

O1 visa holders are authorized to work only for the specific employer or sponsor identified in the visa petition filed with USCIS. If the visa holder changes employers, a new petition may be required, and the validity period of the visa may be affected.

For the spouses of O1 holders, the U.S. offers the O-3 visa category. The O-3 visa is a dependent visa status that is designated for spouses and unmarried children under 21 years old of O1 visa holders.

O3 status doesn’t allow for work aur. However, they are eligible to pursue education under certain circumstances. O3 visa holders can study either part-time or full-time once they have obtained the appropriate student visa such as an F1 visa. O3 visa holders may also be eligible for certain other benefits, such as access to healthcare and education but this may vary depending on state and local regulations.

O3 visa holders can also travel to and from the United States freely while their visa status remains valid. When they re-enter the U.SThey must show that they have a valid O3 visa stamp in their passport and present it along with other required documents, such as Form I-797 Approval Notice, to the U.S. Customs and Border Protection at the port of entry.

The duration of stay for O3 visa holders is tied to the validity of the O1 visa holder’s status. O3 visa holders can remain in the United States for the same duration as the principal O1 visa holder.

An O1 visa can be renewed. To renew an O1 visa, you must file a petition for an extension of stay with USCIS. 

To extend the O1 visa, the sponsoring employer or agent must file Form I-129, Petition for Nonimmigrant Worker, along with supporting documents, any additional achievements since the first approval, and any changes to the term of employment, with USCIS on behalf of the O1 visa holder. It recommended submitting the petition before the expiration date of the current O1 visa status to avoid any gaps in the visa holder’s authorized stay.

While it is not mandatory, the O1 visa holder could be required to attend a biometrics appointment to provide fingerprints, photographs, and signatures as part of the renewal process.

If USCIS approves the renewal petition, the O1 visa holder will receive a Notice of Approval (Form I-797) indicating the extension of their authorized stay in the United States. The extension may be granted in increments of up to one year, based on the duration of the event or activity for which the visa holder is admitted.

Yes, an O1 visa can be transferred from one employer or sponsor to another under certain circumstances. 

The new employer or sponsor must file a new Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the O1 visa holder. Like the first Form I-129, this petition should include all required evidence that demonstrates the O1 visa holder’s extraordinary ability or achievement in their field and the new terms of their proposed employment with the new employer.

The new petition should be consistent with the terms and conditions of the original O1 visa petition filed with USCIS, including the job duties and salary. Any significant changes may require an amended petition or a new consultation from a relevant peer group or expert in the beneficiary’s field.

It’s important to note that the O1 visa holder may begin employment with the new employer only after USCIS approves the new petition and the transfer of the visa. The O1 visa holder must have a valid visa at all points within the visa transfer process. If their original O1 has expired then they are ineligible for an O1 visa transfer.

O1 visa holders may be eligible to apply for extensions of their O1 visa beyond their initial approved period. Extensions are granted in increments of up to one year, based on the duration of the event or activity for which the visa holder is admitted.

O1 visa holders may be eligible to apply for a Green Card (permanent residency) in the U.S. While the O1 visa itself is a nonimmigrant visa category, meaning it does not lead directly to permanent residency, O1 visa holders can pursue Green Card status through employment-based sponsorship or other immigrant visa categories while on their O1 visa.

O1 and H-1B visas are both popular nonimmigrant visa categories in the United States, but they serve different purposes and have different eligibility criteria.

The O1 visa is for individuals with extraordinary ability or achievement in their field of endeavor, such as science, education, business, athletics, or the arts. It is designed for individuals who have reached the top of their field and have demonstrated sustained national or international acclaim.

To qualify for an O1 visa, individuals must demonstrate extraordinary ability or achievement in their field along with extensive documentation of awards, publications, memberships, and other forms of recognition. 

To qualify for an H-1B visa, individuals must have a job offer from a U.S. employer in a specialty occupation and meet the educational and/or professional requirements for the position. Employers must also demonstrate that they will pay the H-1B worker the prevailing wage for the occupation.

The initial period of stay granted with an O1 visa is based on the applicant’s reason for entry but can go up to three years. After that period, extensions are available in increments of up to one year. 

The initial period of stay granted with an H1B visa is up to three years, with extensions available for a total maximum stay of six years. Some H1B visa holders may be eligible for further extensions beyond the six-year limit under specific circumstances.

Spouses and unmarried children under 21 years old of O1 visa holders may accompany them to the United States on O-3 visas. O-3 visa holders are not authorized to work in the United States.

Spouses and unmarried children under 21 years old of H1B visa holders may accompany them to the United States on H4 visas. H4 visa holders may be eligible for employment authorization under certain circumstances.

There is no numerical limit on the number of O1 visas that can be issued each year.

The H-1B visa program is subject to an annual numerical cap. Currently, there is an annual cap of 65,000  H-1B visas, with an additional 20,000 visas available for individuals with advanced degrees from U.S. universities.

The O1 visa is a nonimmigrant visa for individuals with extraordinary ability or achievement in their field, such as science, education, business, athletics, or the arts. It is designed for temporary stays in the United States for specific employment opportunities.

The EB-1 immigrant visa category is for individuals with extraordinary ability (EB-1A) or outstanding researchers and professors (EB-1B) who wish to immigrate permanently to the United States. 

To qualify for an O1 visa, individuals must demonstrate extraordinary ability or achievement in their field through extensive documentation of awards, publications, memberships, and other forms of recognition. The O1 visa is reserved for individuals with the highest level of expertise and recognition in their respective fields.

To qualify for an EB-1 immigrant visa, individuals must meet specific criteria for extraordinary ability (EB-1A) or outstanding research or teaching (EB-1B). This includes providing evidence of sustained national or international acclaim, major awards or prizes, membership in professional associations, and other forms of recognition.

The O1 visa is a nonimmigrant visa, meaning it is temporary and does not lead directly to permanent residency. The initial period of stay granted with an O1 visa is typically up to three years, with extensions available in increments of up to one year.

The EB-1 immigrant visa is a pathway to permanent residency (Green Card). Once approved, individuals and their eligible dependents can live and work permanently in the United States. The processing time for an EB-1 immigrant visa petition may vary, but it generally takes longer than the processing time for an O1 visa.

Spouses and unmarried children under 21 years old of O1 visa holders may accompany them to the United States on O-3 visas. O-3 visa holders are not authorized to work in the United States.

Spouses and unmarried children under 21 years old of EB-1 immigrant visa holders may accompany them to the United States as lawful permanent residents. They may also be eligible for employment and academic study authorization.

Yes, but with restrictions. The O1 is a nonimmigrant visa which means generally that it is not a visa that provides a pathway to permanent residency or citizenship. 

Applicants do not have to keep a foreign residency and can apply for a change of status such as permanent residency in the U.S. without having their O1 application disqualified. It also means that an O1 visa holder can apply for permanent residency and maintain their O1 status while their adjustment of status petition is pending.

Unlike the H1B visa, there is no specific numerical limit set by the U.S. government on the number of O1 visas that can be granted each year. In the 2023 fiscal year, there were 18,994 O1 visa approvals and 898 O1 visa rejections. 

The number of O1 visas granted each year depends on various factors, including the number of eligible applicants who meet the criteria, the demand for workers in specific industries or occupations, and the adjudication process by the U.S. Citizenship and Immigration Services (USCIS) or U.S. consulates abroad.

Since there is no limit on the number of O1 visas, eligible applicants can apply for the O1 visa at any time during the year. Their application is subject to approval by USCIS or the U.S. consulate where the application is processed.