What is the O-1 visa?

The O-1 visa is a non-immigrant visa for foreign nationals who have exceptional abilities or achievements in their field. The O-1 comprises two sub-categories, the O-1A visa and O-1B visa.  

The O-1A is for foreign nationals with extraordinary ability in the sciences, education, business, or athletics. The O-1B is for foreign nationals with extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.

It is worth noting that some petitions may have elements of both O1B (Arts) and O1B (MPTV) classifications, where it may not be clear which O1B classification and definitional standard USCIS will apply. For instance, if you are coming to the United States to work as an artist, but some of your work will be in the television and film industry, it might be unclear whether USCIS will apply the requirements for O1B (Arts) or O1B (MPTV). In addition, as new forms of media productions emerge, including various types of online content, it can be more difficult to determine which of these constitute MPTV productions.

By seeking tailored advice from an immigration specialist to clarify these types of classification issues, and expert assistance to meet the extensive evidentiary requirements in support of a Form I-129 petition, this can pay dividends. These are complex applications for the elite few, where an immigration specialist can help to navigate the various pitfalls in the O1 visa application process and maximise the prospects of a successful outcome.  

What constitutes ‘extraordinary ability’ under the O-1A visa?

In order to qualify for an O-1A visa you must be able to demonstrate sustained national or international acclaim and recognition for your achievements by providing evidence of:

• receipt of a major, internationally recognized award OR
• at least three of the following:
  • documentation of your receipt of nationally or internationally recognized prizes or awards for excellence in your field of endeavour;
  • documentation of your membership in associations in your field which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  • published material in professional or major trade publications or major media about you, relating to your work in the field.
    evidence of your participation on a panel or as a judge of the work of others in your field.
  • evidence of your original scientific, scholarly, or business-related contributions of major significance in the field;
  • evidence of your authorship of scholarly articles in the field, in professional journals, or other major media;
  • evidence that you have been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
  • evidence that you have commanded a high salary or you will command a high salary for your services.

If the aforementioned criteria do not readily apply to your occupation, you may provide comparable evidence to establish your eligibility for O-1 status.

Is it mandatory to have secured a job in the US to be eligible for the O-1 visa?

Yes, you must demonstrate you have set work in the US in your field of extraordinary ability. Prospective employment in the US is not permitted.

What is the application process for the O-1A visa?

Obtaining an O-1A visa is a two-step process involving:

• a petition filed with US Citizenship and Immigration Services (USCIS); and
• a visa interview at a US consular post abroad

In order for you to obtain an O-1A visa, it will be necessary for a US company to file an O-1A visa petition with US on your behalf. The US company may be your employer, or if you will work in the US for a foreign employer, a company designated by your foreign company to file the petition as its agent.

Your O-1A petition must include the following to demonstrate your eligibility for the O-1A visa:

• documentation establishing your extraordinary ability;
• a contract for your US employment, or if there is no written contract, a summary of the terms under which you will be employed;
• an explanation of the nature of the activities you will perform in the US; and
• a written advisory opinion from an appropriate consulting entity or entities (if an appropriate entity exists).

Depending on whether an appropriate US peer group exists for your field of work, it may be necessary to obtain an advisory opinion for your O-1A petition. If a peer group exists and is amenable to issuing an advisory opinion, it will review your qualifications and render an opinion on your extraordinary ability.

If an appropriate US peer group does not exist, USCIS will render a decision on your case based on the other petition documentation provided.

Once your O-1A petition is complete, it will be submitted to USCIS for adjudication. If the petition is filed through the standard processing service there is no certainty on the amount of time an adjudicating officer will take to reach a decision. Processing times will vary depending on the workload of the adjudicating officer.

If during the adjudication process a USCIS adjudicating officer determines that additional information and/or documentation is needed to render a decision on the case, a request for additional information will be issued. Such requests vary in length depending on the extent of information and documentation requested.

Upon receipt of the requested information and documentation, USCIS will resume processing of the petition.

For an additional fee, you may request premium processing of your petition. Under this service, USCIS will adjudicate your case within 15 calendar days. If a request for additional evidence is issued on a petition filed using the premium processing service, USCIS will have an additional 15 calendar days from receipt of the response to adjudicate the case.

What happens at the O-1A visa interview?

Presuming your O-1A petition is approved, you will arrange a visa interview at a US consular post abroad. Interview procedures vary widely among consular posts so it is important to carefully follow the instructions provided for the post where your O-1A interview will be held.

At your O-1A visa interview, a consular officer will ask you questions to confirm the information provided in the O-1A petition about you and your US employment. You will be notified of the decision made on your application at your interview. Provided your application is approved the consular officer will retain your passport for visa stamping.

Your passport with embossed O-1A visa stamp will be returned to you within approximately one week of your interview. Once received you are permitted to travel to the US to work in O-1A status in line with the employment detailed in your O-1A petition.

Can my dependents apply to come to the US?

Your spouse and children may apply for O-3 visas which will allow them to reside with you in the US. Dependent visa applications may be made at the time of your interview, or by scheduling a separate interview at a US consular post following approval of your O-1A or B visa application.

What is the O-1B visa?

The O1B visa is a nonimmigrant visa aimed at overseas nationals who possess extraordinary ability in the arts. It is also for those who are able to demonstrate a proven record of extraordinary achievement within the motion picture or television (MPTV) industry, and who have been recognised nationally or internationally for those achievements.

This could include a whole range of applicants, including musicians, dancers, actors, directors, comedians, writers, painters or sculptors. It can even include online influencers, provided the applicant is able to prove extraordinary ability or achievement, as applicable.

What are the O-1B visa requirements?

To be eligible for an O1B visa, you must meet the following requirements:

• in the O1B (Arts) category, you must show extraordinary ability by either sustained national or international acclaim, where extraordinary ability in the field of arts means “distinction”. This distinction means a high level of achievement, as evidenced by a degree of skill and recognition substantially more than that ordinarily encountered, such that you are considered prominent, renowned, leading or well-known in your specialised field.

• in the O1B (MPTV) category, you must show a proven record of extraordinary achievement within the MPTV industry, such that you have a very high level of “accomplishment”. This accomplishment must be evidenced by a degree of skill and recognition significantly more than that ordinarily encountered, to the extent that you are recognised as either outstanding, notable or leading in your specialised field.

In either case, you must be coming to the US to continue work in your specialised field, although the duties that you will be performing, or the productions that you will be taking part in, do not require someone of your ability or with your record of achievements.

What constitutes ‘extraordinary ability’ under the O-1B visa?

In order to qualify for an O-1B visa you must be recognized as being prominent in your field of endeavour as demonstrated by the following:

• evidence that you have been nominated for, or have been the recipient of, significant national or international awards or prizes in your field
  OR
• at least three of the following:
  • evidence you have performed, and will perform services as a lead or starring participant in productions or events which have a distinguished reputation;
  • evidence you have achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about you in major publications;
  • evidence you have performed, and will perform, in a lead, starring or critical role for organizations and establishments that have a distinguished reputation;
  • evidence that you have a record of major commercial or critically acclaimed successes;
  • evidence that you have received significant recognition for achievements from experts in the field; or
  • evidence that you have commanded a high salary or will command a high salary in relation to others in the field.
•  

If the above criteria do not readily apply to your occupation, you may provide comparable evidence to establish your eligibility for O-1 status.

What is the application process for the O-1B visa?

You may be eligible for an O-1B visa if you have extraordinary ability in the arts.

Obtaining an O-1B visa is a two-step process involving:

• a petition filed with US Citizenship and Immigration Services (USCIS); and
• a visa interview at a US consular post abroad.

To apply for an O1B visa, you will first require either a US-based employer or agent, or a foreign employer via a US agent, to file a petition on your behalf with US Citizenship and Immigration Services (USCIS) using Form I-129, Petition for Nonimmigrant Worker.

The US company may be your employer, or if you will work in the US for a foreign employer, a company designated by your foreign company to file the petition as its agent.

Once the petition has been approved by USCIS, and you are in possession of a Notice of Action, Form I-797 or a petition receipt number, you can apply for an O1B visa through your nearest US Embassy or Consulate. You will need to complete Form DS-160, Online Nonimmigrant Visa Application. You will also need to schedule an in-person interview.

Once your O-1B petition is complete, it will be submitted to USCIS for adjudication. USCIS aims to adjudicate O-1B petitions within two weeks, however actual processing times may vary depending on workload.

If during the adjudication process a USCIS adjudicating officer determines that additional information and/or documentation is needed to render a decision on the case, a request for additional information will be issued. Such requests vary in length depending on the extent of information and documentation requested.

Upon receipt of the requested information and documentation, USCIS will resume processing the petition.

For an additional fee, you may request premium processing of your petition. Under this service, USCIS will adjudicate your case within 15 calendar days. If a request for additional evidence is issued on a petition filed using the premium processing service, USCIS will have an additional 15 calendar days from receipt of the response to adjudicate the case.

O1-B visa supporting documents & evidence 

Your O-1B petition must include the following to demonstrate your eligibility for the O-1B visa:

• documentation establishing your extraordinary ability;
• a contract for your US employment, or if there is no written contract, a summary of the terms under which you will be employed;
• an explanation of the nature of the activities you will perform in the US; and
• a written advisory opinion from an appropriate consulting entity or entities (if an appropriate entity exists).

Depending on whether an appropriate US peer group exists for your field of work, it may be necessary to obtain an advisory opinion for your O-1 petition. If a peer group exists and is amenable to issuing an advisory opinion, it will review your qualifications and render an opinion on your extraordinary ability.

If an appropriate US peer group does not exist, USCIS will render a decision on your case based on the information provided.

What happens at the O-1B visa interview?

Interview procedures vary widely among consular posts so it is important to carefully follow the instructions provided for the post where your O-1B interview will be held.

In addition to the documentation to be filed by the petitioner in support of Form I-129, once in receipt of an approved petition, you will need to attend your Embassy or Consulate interview with a number of documents. You should always check the Embassy or Consulate website for further instructions, although the documentation required will typically include:

• your appointment confirmation page 
• the receipt number of your approved petition
• a valid passport or other form of travel document
• a 5 x 5 cm (2” by 2”) colour photograph taken within the last 6 months
• evidence of your status in the country you are applying from, if you are not a local citizen 
• evidence of any previously issued US visas
• a police certificate, if you have ever been arrested, cautioned or convicted of an offence
• a physician’s letter, if you have a medical condition that could have a bearing on eligibility 
• any relevant immigration documents, if you have ever been denied entry into or deported, or removed from the United States.

At your O-1B visa interview, a consular officer will ask you questions to confirm the information provided in the O-1B petition about you and your US employment. You will be notified of the decision made on your application at your interview. Provided your application is approved the consular officer will retain your passport for visa stamping.

Your passport, with embossed the O-1B visa stamp, will be returned to you within approximately one week of your interview. Once received you are permitted to travel to the US to work in O-1B status in line with the employment described in your O-1B petition.

How much does it cost to apply for an O1B visa?

The cost to apply for an O1B visa includes a $460 filing fee for Form I-129, Petition for Nonimmigrant Worker, plus a $205 fee to file Form DS-160 once the petition is approved.

How long does it take to process an O1B visa application?

The standard processing time for a Form I-129 petition for an O1B visa is currently 1.5 months, although petitioners can pay for premium processing at an additional cost of $2,500. USCIS should then make a decision on the petition within 15 calendar days. 

Can you apply to renew your O1B visa from the US?

For the elite few, the O1B visa will allow the successful visa-holder to work in the United States for up to 3 years. You may also have the option to extend your stay in the US in increments of up to one year at a time to continue or complete the same event or activity for which you were granted permission — with no limit to the number of extensions.

Can you bring dependents with you on the O1B route?

If your spouse and any children under the age of 21 wish to accompany or follow to join you in the US, they may be eligible to apply for an O3 visa. This will be subject to the same period of admission and limitations as you. They will also not be allowed to work in the US under O3 classification, although they may participate in full-time or part-time study.

Can an O1B visa lead to a US green card?

The O1B visa is a type of dual intent visa, where this will allow you and any dependants to adjust your status from temporary residents to green card holders, meaning you can apply for permanent residence while you are in the United States under O1B classification. 

What happens if you lose your job on an O1B visa?

If you lose your job while in the United States on an O1B visa, you will only have a short period within which to find alternative employment or leave the country.

If you wish to keep working in O1B status, any new employer would need to file a fresh petition and you will not be permitted to start work until the new petition is approved. You may also seek to change your nonimmigrant status to another category of work visa, provided you find alternative work and qualify for employment under a different classification. In either scenario, you should seek immediate expert advice. 

What is the O-2 visa?

The O-2 visa is for individuals who work as key employees of O-1 visa holders. The purpose of the O-2 route is to allow O-1 visa holders to have the necessary support when working in the US.