O1 Visa: Requirements & Application Guide

By Nita Nicole Upadhye

Table of Contents

The O1 visa allows foreign nationals with exceptional professional standing to come to the US to work in one of a number of specific fields of expertise, including science, education, business,  athletics, the arts and the motion picture or television industry.

It is suitable for those with a job offer in the US and who can show extraordinary ability, have produced original scientific or scholarly contributions or have been awarded major industry prizes or other forms of formal recognition for their outstanding achievements.

The O-1 visa is a highly attractive immigration route, and with no annual cap on the number of O-1 visas that can be issued, provided you can evidence your eligibility and qualifications, this route can offer greater prospects of success than alternative options.

Evidencing your eligibility and that you meet the O visa qualifications is, however, far from straightforward. The documentary requirements are extensive and will be critical to your prospects of making a successful application.

The eligibility criteria are also strict, with the specific requirements to be met determined by the classification you intend to apply for, either the O-1A or O-1B visa.

This article provides a comprehensive guide to the US O1 Visa, covering everything from eligibility criteria and the application process to the benefits and challenges associated with this visa type.

 

Section A: What is an O1 Visa?

 

Overseas nationals with extraordinary ability or achievements may be eligible for an O1 visa, one of the most prestigious US nonimmigrant visas, due to its numerous advantages and flexibilities compared to other work visa classifications.

The O-1 visa is aimed at non-US nationals who can demonstrate excellence in achievement and capability within an eligible field of expertise.

It offers those with ‘extraordinary ability’ in their profession the permission to come to the US to live and be employed without having to maintain a foreign residence.

O-1 visa application processing is generally much quicker than that of other US work visas, and it also allows for eligible dependents and key personnel to join the O-1 visa holder.

O-1 visas are generally issued for up to three years or to cover the duration of a specific event or project. In any case, the maximum initial period for an O-1 visa is three years, with the option to apply to extend the visa for a further 12 months. However, there is no limit on the number of extensions you can apply for, provided you continue to satisfy the eligibility criteria.

While the O-1 application process is not as onerous as other US work visa classifications (such as sponsorship under the H-1B), you will be required to compile and submit extensive documentation to evidence you hold the necessary distinguished status and that you meet the strict visa requirements.

 

1. Types of O Visas

 

The O visa comprises three categories:

 

a. O-1 Visa

The O-1 visa is a nonimmigrant visa for foreign nationals who have exceptional abilities or achievements in their field and a qualifying offer of work in the US.

The O-1 comprises two sub-categories, the O-1A visa and O-1B visa.

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

 

b. 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.

 

c. O-3 Visa

This is for spouses and children of O-1 and O-2 visa holders.

 

2. O1A or O1B Visa?

 

While both subtypes of the O1 Visa cater to individuals of extraordinary ability, they differ in terms of the specific fields they cover and the criteria for qualification:

 

Table: O1a v O1B Visa
Visa Type
Fields Covered
Eligibility Criteria
O-1A Visa
Sciences, education, business, and athletics
Applicants must demonstrate extraordinary ability through sustained national or international acclaim. This can be evidenced by receiving major awards or recognition, significant contributions to their field, and holding critical roles.
O-1B Visa
Arts, and the motion picture or television industry
Applicants must show extraordinary achievement in their field, demonstrated through a record of distinguished accomplishments. This includes major awards or prizes, critical reviews, leading roles in productions, and high earnings.

 

The O-1A visa is for individuals with extraordinary ability in either the sciences, education, business or athletics, but not including the arts, or the motion picture and television industry (MPTV), while the O-1B visa is for individuals with either an extraordinary ability in the arts, or who have a proven record of extraordinary achievement in the MPTV industry.

Both the O1-A and O1-B visas require the submission of a detailed application, including evidence of the applicant’s extraordinary ability or achievements, letters of recommendation, and a job offer or contract from a US employer. The distinction between the two subtypes ensures that the visa criteria are tailored to the unique nature of different professions, ensuring a fair and comprehensive evaluation of the applicant’s qualifications.

In practice, some O1 applications 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 production 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 avoid the various pitfalls in the O1 visa application process and maximize the prospects of a successful outcome.

 

3. O-1 Visa Employment & Sponsorship Rules

 

The O-1 visa is an employment-based visa, meaning you must show you have work in the US within your field of expertise. Prospective employment would not suffice for the O visa.

O visas also require applicants to be sponsored. You do not necessarily have to be sponsored by your employer. It is possible to rely on an O-1 visa agent, such as an individual who professionally represents you and your employer. Take advice on your circumstances to ensure the criteria are satisfied and avoid issues with your petition.

Types of O-1 visa engagements that are permissible include:

 

a. Direct Employment

The O-1 applicant is hired directly by a U.S.-based employer to perform services that align with their field of extraordinary ability. This can be a full-time or part-time position. A contract must be in place outlining the duration, duties, and compensation.

 

b. Freelance or Multiple Employers

O-1 Visa holders in fields such as the arts or entertainment frequently work for multiple employers. In such cases, an agent can act as a sponsor and file a petition that includes a detailed itinerary. The itinerary must list all engagements, including dates, locations, and the nature of the work. Each employer must agree to the terms laid out by the agent.

 

c. Itinerant Employment (Contractual Work)

For professionals such as athletes, performers, or consultants, who may work on specific projects or engagements, the O-1 Visa allows for employment based on contracts rather than full-time employment. These contracts must be included in the application and specify the terms, compensation, and length of the work engagement.

 

4. How Long Does an O-1 Visa Last?

 

The initial period of stay under an O1 visa includes the time needed to complete the event or activity, not to exceed 3 years. However, an O1 visa-holder may be eligible to extend their stay in increments of up to a year at a time to continue or complete the same event or activity for which they were granted permission, with no limit to the number of extensions.

The O1 visa is also a dual intent visa, which allows the visa-holder to adjust their status from a temporary resident to a green card holder, meaning they can lawfully apply for permanent residence whilst they are in the United States under the O1 classification.

 

5. O1 Visa Dependents

 

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 O-3 visa as your dependents.

The O-3 visa will be valid for the same period as your O-1 visa.

O-3 visa holders will not be allowed to work in the US, although they may participate in full-time or part-time study.

Dependent visa applications can 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.

 

Section B: O1 Visa Requirements

 

The O-1 visa imposes both general requirements as well as specific criteria relating to the applicant’s profession and the category they are applying for.

Importantly, the O-1 visa only applies to an individual and their own attainments. Applications cannot be made as a group or group achievements relied on for an individual O visa petition.

It is split into two distinct categories:

 

a. O-1A visa for those with extraordinary ability in science, education, business, or athletics.

b. O-1B if you have extraordinary ability in the arts.

 

The eligibility and evidentiary requirements vary between the two categories. Taking professional advice will ensure you build a submission that works to the relevant rules and thresholds.

 

1. General O-1 Visa Requirements

 

The general criteria for the O-1 visa include the following:

 

a. Work Sponsorship

A mandatory requirement of the O-1 visa is to have secured employment in the US.

This means you will need to demonstrate you have set work in the US in your field of extraordinary ability. Prospective employment in the US is not permitted.

The sponsor must file a petition on behalf of the O-1 applicant, and the visa is directly tied to the employment or contractual agreement between the applicant and the US entity. Unlike other US work visas, the O-1 visa offers greater choice and flexibility as to who can act as a sponsor.

Types of O-1 visa sponsors include:

 

i. Employer: This is the entity that provides full-time employment in the applicant’s area of extraordinary ability. The employer typically provides a formal job offer or contract for the duration of the visa.

ii. Agent: Agents can act as sponsors for applicants who may work for multiple employers or have multiple engagements (e.g., artists, performers, freelancers). The agent must demonstrate control over the applicant’s work and manage various employment arrangements.

iii. Foreign Employer with a US Agent: In cases where the applicant is employed by a foreign entity, a US agent can serve as the petitioner, provided they submit all necessary documentation and assume responsibility for coordinating the applicant’s work in the US.

 

The sponsor (whether an employer or agent) must demonstrate that they require the services of the O-1 applicant in a specific role related to their extraordinary ability. They must also outline the applicant’s job duties, the duration of employment, the terms of the employment contract, and how the applicant’s role aligns with the US entity’s activities.

If there are multiple employers involved, the agent must file a petition with a comprehensive itinerary detailing all employment engagements.

 

b. Work in Your Field

You can only travel to the United States to work in your field of expertise, and you can only remain there while you continue to be engaged in permissible work duties for a qualifying O visa sponsor.

For example, a schedule of performances or events or a full-time role in the US in your field of extraordinary ability would qualify.

 

2. O1A Visa Requirements

 

An O-1A individual must have sustained national or international acclaim, as one of the very small percentage who have risen to the top of their field.

For O1-A Visa (Sciences, Education, Business, and Athletics), you will need to show the following:

 

a. Evidence of Sustained Acclaim

Applicants must provide evidence of sustained national or international acclaim. This requires evidence of the applicant having received a major, internationally recognized award.

 

b. Documentation

You will also need to provide at least three of the following:

 

i. Documentation of your receipt of nationally or internationally recognized prizes or awards for excellence in your field of endeavour.

ii. 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.

iii. Published material in professional or major trade publications or major media about you, relating to your work in the field.

iv. Evidence of your participation on a panel or as a judge of the work of others in your field.

v. Evidence of your original scientific, scholarly, or business-related contributions of major significance in the field.

vi. Evidence of your authorship of scholarly articles in the field, in professional journals, or other major media.

vii. Evidence that you have been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

viii. Evidence that you have commanded a high salary or you will command a high salary for your services.

 

c. Role in the Field

You must show that you will be working in your area of extraordinary ability in the United States, supported by a job offer or contract.

 

3. O-1B Visa Requirements

 

An O-1B (Arts) individual must have sustained national or international acclaim and achieved distinction in the field of arts. This ‘distinction’ and ‘acclaim’ must be evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that the prominent person is either renowned, leading or well-known in that field;

An O-1B (MPTV) individual must have a record of extraordinary achievement in the MPTV industry, such that they have a very high level of accomplishment. This ‘accomplishment’ must be evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that the person is recognized as outstanding, notable or leading in that field.

For O1-B Visa (Arts and Entertainment), the following is required:

 

a. Demonstrated Extraordinary Achievement

O-1B visa for extraordinary achievement in the motion picture or television industry requires evidence that the applicant has received or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award.

 

b. Documentation

You will also need to provide at least three of the following:

 

i. Proof that the applicant has performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements.

ii. Proof that the applicant has achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications.

iii. Proof that the applicant has performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.

iv. A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications.

v. Proof that the applicant has received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievement.

vi. A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

 

c. Role in the Field

Similar to the O1-A, you have to prove you will be working in your field of extraordinary ability in the US, backed by a job offer or contract.

 

4. O-1 Visa Eligible Professions

 

While there is no single definitive or exhaustive list of O-1 visa-eligible occupations, meaning it caters to a wide array of professions.

While this approach offers considerable scope and flexibility for applicants, it can also present uncertainty for applicants, particularly those in emerging and innovative professions. If you are unsure whether you would qualify for the O-1 through your professional field, speak to our US immigration attorneys for advice tailored to your circumstances.

 

Table: Examples of O-1 Visa Occupations
Field
Profession
Description
Sciences
Researchers and Scientists
Individuals who have made significant contributions to their scientific field, such as groundbreaking research or inventions.
Medical Professionals
Doctors, surgeons, and other healthcare professionals recognized for their exceptional expertise and achievements.
Education
University Professors and Lecturers
Educators with distinguished teaching careers, published works, and contributions to academic institutions.
Educational Consultants
Experts who have significantly impacted educational policies or systems.
Business
Executives and Entrepreneurs
Business leaders who have demonstrated extraordinary success in managing or founding successful companies.
Consultants
High-profile business consultants with a record of significant contributions to their industry.
Athletics
Professional Athletes
Sports figures with notable achievements, such as Olympic medals or world records.
Coaches and Trainers
Renowned coaches and trainers who have led teams or individuals to major victories.
Arts
Performing Artists
Actors, dancers, musicians, and singers recognized for their exceptional talent and achievements in their fields.
Visual Artists
Painters, sculptors, and photographers with significant exhibitions, awards, and published works.
Entertainment
Directors and Producers
Individuals who have achieved critical acclaim in the film or television industry.
Writers and Screenwriters
Authors and screenwriters with published works or screenplays that have received critical and commercial success.

 

Section C: O-1 Visa Supporting Documents

 

The visa rules are specific and extensive in stipulating the evidence and documents that are needed to evidence O-1 visa eligibility. The required documents will again depend on whether you are applying for the O-1A or O-1B category.

If these stipulations do not readily apply to your occupation, you may provide comparable evidence to establish your eligibility for O-1 status. Our O-1 visa specialist attorneys can advise on your specific circumstances.

The evidence you provide with your O-1 application will be critical in ensuring your eligibility is proven, leading to smooth processing and a faster decision.

Delays commonly occur during the adjudication stage where the officer seeks further information or clarification on information or evidence provided, or where additional documents are requested. Adjudicating officers have full discretion to deny an application without first having to issue a request for further evidence. It is therefore critical to ensure your application is full and correct at the point it is submitted.

In general you will need to provide the following:

 

Table: O-1 Visa General Supporting Documents
Document
Description
Form I-129
Petition for a Nonimmigrant Worker filed by your sponsor.
Consultation Letter
Letter from a peer group or labor organization endorsing the applicant’s extraordinary ability.
Contract
Contract between the applicant and the U.S. sponsor, outlining terms of employment.
Itinerary
Detailed itinerary of events and activities the applicant will participate in during their stay in the U.S.
Evidence of Extraordinary Ability
Documentation of awards, publications, critical reviews, or other evidence demonstrating the applicant’s extraordinary ability.
Form DS-160
Online Nonimmigrant Visa Application for consular processing (for applicants outside the U.S.).
Form I-797
Notice of Action issued upon petition approval by USCIS.

 

a. Form I-129, Petition for a Nonimmigrant Worker filed by your sponsor

b. Consultation Letter from a peer group or labor organization

c. Contract between the applicant and the US sponsor

d. Itinerary of events and activities

e. Evidence of Extraordinary Ability awards, publications, critical reviews, etc.

f. Form DS-160, Online Nonimmigrant Visa Application for consular processing)

g. Form I-797, Notice of Action upon petition approval

 

1. O-1A Visa Supporting Documents

 

Submit at least three of the below documents, or comparable evidence, to prove your eligibility:

 

Table: O-1A Visa Supporting Documents
Required Evidence
Description
Lead or Starring Participant
Evidence you have performed, and will perform services as a lead or starring participant in productions or events with a distinguished reputation.
National or International Recognition
Evidence you have achieved national or international recognition for achievements, evidenced by critical reviews or published materials.
Lead or Critical Role in Distinguished Organizations
Evidence you have performed, and will perform, in a lead, starring, or critical role for organizations with a distinguished reputation.
Major Commercial or Critically Acclaimed Successes
Evidence you have a record of major commercial or critically acclaimed successes.
Recognition from Experts
Evidence that you have received significant recognition for your achievements from experts in the field.
High Salary
Evidence that you have commanded or will command a high salary compared to others in the field.

2. O-1B visa Supporting Documents

 

Submit at least three of the below documents, or comparable evidence, to prove your eligibility:

 

Table: O-1B Visa Supporting Documents
Required Evidence
Description
Lead or Starring Participant
Evidence you have performed, and will perform, as a lead or starring participant in productions or events with a distinguished reputation.
National or International Recognition
Evidence you have achieved national or international recognition, evidenced by critical reviews or published materials.
Lead or Critical Role in Distinguished Organizations
Evidence you have performed, and will perform, in a lead, starring, or critical role for organizations with a distinguished reputation.
Major Commercial or Critically Acclaimed Successes
Evidence you have a record of major commercial or critically acclaimed successes.
Recognition from Experts
Evidence of receiving significant recognition from experts in the field.
High Salary
Evidence that you have commanded or will command a high salary compared to others in the field.

3. Sponsorship Documentation Requirements

 

The following documents must be submitted along with the application form to prove the validity of the employment/sponsorship arrangement:

 

Table: O-1 Visa Sponsor Supporting Documents
Document Type
Description
Employment Contract or Offer Letter
A formal employment contract or offer letter must be submitted to USCIS, detailing the job duties, compensation, and duration of employment. The contract must be signed by both the applicant and the employer.
Itinerary of Events or Engagements
For applicants with multiple engagements or employment, an itinerary is required. It must include dates, locations, employers involved, and a description of the work to be performed.
Agent Agreement (if applicable)
If an agent is filing on behalf of the applicant, an agent agreement is required. It must clarify the relationship between the agent, applicant, and employer, and the agent’s role in managing the engagements.
Consultation Letter
A peer group, labor organization, or management organization in the applicant’s field must provide a consultation letter, endorsing the necessity of the applicant’s services and confirming their extraordinary ability.

 

a. Employment Contract or Offer Letter

A formal employment contract or offer letter must be submitted to USCIS, detailing the job duties, compensation, and duration of employment. The contract must be signed by both the applicant and the employer.

If you do not have a written contract, a summary of terms should be provided, supported by other forms of evidence such as email exchanges with the employer that support and verify the terms.

 

b. Itinerary of Events or Engagements

In addition to the terms of your employment, USCIS will also want to understand the type of the activities you will perform in the US.

As such, details of any planned events, performances, talks, etc, relating to your field of extraordinary ability and proposed job in the US should be given. This also gives indication to the adjudicator of how long you will be required to be in the US.

The itinerary must include: the dates and locations of the performances, jobs, or projects; the employers involved and the nature of the engagements; a description of the work the applicant will perform.

 

c. Agent Agreement (if applicable)

If an agent is filing on behalf of the applicant, they must provide an agent agreement that clarifies the relationship between the agent, the applicant, and the end-client or employer. The agent is responsible for overseeing the applicant’s employment arrangements during their stay.

 

d. Consultation Letter

A further piece of documentary evidence is a written advisory opinion from an appropriate consulting entity or entities – if such an appropriate entity exists.

A peer group, labor organization, or management organization in the applicant’s field must provide a consultation letter endorsing the necessity of the applicant’s services in the US. This letter should confirm that the applicant’s work is of a caliber that requires extraordinary ability.

If no appropriate peer group exists, you will need to provide evidence to support this assertion. If accepted by USCIS, the application will be assessed on your application evidence alone.

 

4. Exceptions to the O1 Visa Evidentiary Requirement

 

For a petition to be approved, the petitioner must not only be able to prove extraordinary ability or achievement, they must be able to provide evidence of the terms and conditions of employment, a breakdown of what the beneficiary will be doing in the US, and a written advisory opinion from a group or organization with expertise in their specialized field.

In most cases, a petition will be denied if the petitioner is unable to produce the necessary documentation in all instances. However, there are limited exceptions to what’s commonly known as ‘the consultation requirement’, for example, where an employer or agent can show that an appropriate peer group, including a labour organization, doesn’t exist. Equally, if the beneficiary has extraordinary ability in the field of arts and is seeking readmission to the US to perform similar services within a period of 2 years of the date of a previous consultation, there is no requirement to file a fresh consultation.

The employer or agent must instead submit a waiver request to USCIS, and a copy of the last consultation, with their petition.

 

Section D: Application Process for the O1 Visa

 

The application process to obtain an O-1 visa is in two stages: a petition filed by your sponsor with USCIS, followed by a visa interview at a US Embassy or Consulate outside the US.

The first stage in the application process is for a visa petition to be submitted by a US company on your behalf in which you must demonstrate you have set work in the US in your field of extraordinary ability. The petitioning sponsor could be your employer or US-based agent if you are to be employed in the US by a foreign company.
The petitioner must submit Form I-129 and supporting evidence to demonstrate your eligibility for the O-1 visa.

Presuming your O-1 visa 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 instructions provided for the post where your interview will be held.

 

Table: O-1 Visa Application Process & Timings
Step
Description
Estimated Time
Preparation and Gathering Documentation
Time varies depending on the applicant’s ability to gather necessary documents, including awards, contracts, and endorsements.
Several weeks to several months
Filing Form I-129
The sponsor files Form I-129 with USCIS.
2 to 4 months (regular processing)
USCIS Review and Decision
USCIS reviews the petition and issues a decision. Premium processing is available, which can reduce this step to 15 calendar days.
Additional 2 to 4 months (regular processing)
Consular Processing (if applicable)
If applying from outside the U.S., consular processing involves a visa interview and biometric data collection.
1 to 3 months
Overall Timeline
The total time for the O1 Visa application process, from preparation to approval, varies depending on processing speed and complexity.
4 to 8 months (regular), faster with premium

1. O-1A Visa Application Process

 

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 USCIS 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:

 

a. Documentation establishing your extraordinary ability;
b. A contract for your US employment, or if there is no written contract, a summary of the terms under which you will be employed;
c. An explanation of the nature of the activities you will perform in the US; and
d. 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-1 petition is complete, it will be submitted to USCIS for adjudication.

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.

 

2. O-1B Visa Application Process

 

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.

 

Section E: O1 Visa Petitioning Process

 

The O-1 Visa petitioning process requires active involvement from a US sponsor, such as an employer or agent. Sponsors play a key role in filing the petition, gathering the necessary supporting documents, and ensuring that the O-1 Visa holder complies with US immigration regulations during their stay.

 

1. Sponsor Responsibilities

 

Your O1 visa sponsor will have the following responsibilities as part of the petitioning process:

 

a. Filing the Petition

The employer or agent is responsible for filing Form I-129 on behalf of the applicant. This involves completing the form accurately, gathering the necessary supporting documents, and submitting the petition to the United States Citizenship and Immigration Services (USCIS).

 

b. Providing a Job Offer or Contract

The sponsor must provide a written job offer or contract that outlines the terms and conditions of the applicant’s employment in the US This contract should clearly state the role, responsibilities, and duration of employment.

 

c. Obtaining a Consultation Letter

The employer or agent must secure a consultation letter from a relevant peer group, labor organization, or management organization in the applicant’s field. This letter should verify the applicant’s extraordinary ability and support their eligibility for the O1 Visa.

 

d. Preparing the Itinerary

For applicants with multiple engagements or performances, the sponsor must prepare a detailed itinerary. This itinerary should include dates, locations, and a description of the events or activities the applicant will participate in.

 

e. Gathering Supporting Documentation

The employer or agent should assist in gathering and organizing supporting documents that demonstrate the applicant’s extraordinary ability. This includes awards, publications, evidence of high salary, and letters of recommendation.

 

f. Paying the Filing Fee

The sponsor is responsible for paying the filing fee for Form I-129.

 

2. Filing Form I-129, Petition for a Nonimmigrant Worker

 

Form I-129 is the primary document used by employers or agents to petition USCIS for an O1 Visa on behalf of a foreign worker. The form consists of several parts, each requiring specific information about the petitioner, the beneficiary (applicant), and the nature of the employment.

 

Part 1: Petitioner Information

This section requires information about the employer or agent filing the petition, including name, address, contact details, and employer identification number (EIN).

 

Part 2: Information About This Petition

This part asks for details about the type of visa being requested (O1 Visa), the basis for classification, and any requested action on the beneficiary’s status.

 

Part 3: Beneficiary Information

This section requires detailed information about the beneficiary, including name, date of birth, country of birth, current immigration status (if in the US), and contact information.

 

Part 4: Processing Information

Here, the petitioner provides information about the requested dates of employment, any previous petitions filed for the beneficiary, and whether premium processing is requested.

 

Part 5: Basic Information About the Proposed Employment and Employer

This section asks for details about the proposed employment, including job title, job duties, location of employment, and the total annual salary or remuneration.

 

Part 6: Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States

Employers must certify whether the beneficiary will have access to controlled technology or technical data requiring a license from the US Department of Commerce or the US Department of State.

 

Part 7: Signature of Petitioner

The petitioner must sign and date the form, certifying that all information provided is true and accurate.

 

Part 8: Supplemental Information

Additional sections may be required for specific classifications or to provide further information about the petition. This may include the O Classification Supplement, which requires detailed information about the beneficiary’s extraordinary ability and the nature of the employment.

 

3. Supporting Documents

 

Along with Form I-129, the petition must include supporting documents such as:

 

a. A written advisory opinion (consultation letter).

b. A copy of the employment contract.

c. An itinerary of events or activities.

d. Evidence of the beneficiary’s extraordinary ability (awards, publications, letters of recommendation, etc.).

 

4. Submission

 

Once Form I-129 and all supporting documents are prepared, the petition is submitted to the appropriate USCIS service center. The petitioner must ensure that the package is complete and the filing fee is included.

The standard processing time for Form I-129 is typically 2 to 4 months. However, premium processing is available for an additional fee, which guarantees a decision within 15 calendar days.

 

Section F: O1 Visa Processing Times and Fees

 

A key consideration when applying for the O1 visa will be the processing times and fees.

 

1. O1 Visa Processing Times

 

Form I-129 should be filed at least 45 days before the date of employment, but no earlier than 1 year prior to the start of employment in the US.

The O1 visa processing time is usually between 6 weeks to 3 months.
Generally speaking, the processing time for the O visa USA is typically shorter than that of other US visa applications, making this another attractive feature of the route.

However, delays can result when there are issues or complexities with the application itself.

A determining factor in processing will be the caseload of the consular post where the application is being processed and whether the application was submitted for standard or premium processing.

For an additional fee of $2,805, you may request premium processing of your O visa petition to expedite the O visa USA processing time.

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.
If processing is not completed with 15 calendar days, with no additional evidence requirement, USCIS will refund the Premium Processing Service fee and the petition will continue to receive expedited processing.

If a request for additional evidence (RFE) 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. You will also need to enquire at the Embassy that is processing your application as to whether premium processing is available.

 

2. O-1 Visa Application Fee

 

O1 visa applications incur a number of fees.

 

Table: O1 Visa Application Fees & Costs
Fee Type
Description
Cost
Form I-129 Filing Fee
Non-refundable fee for O1 Visa applications filed on or after April 1, 2024.
$1,055 (standard), $530 (for smaller companies)
Form DS-160 Fee
Fee for filing Form DS-160, Online Nonimmigrant Visa Application, once the petition is approved.
$205
Asylum Program Fee
Payable by employers filing Form I-129 on or after April 1, 2024.
$600 (standard), $300 (for smaller employers), nil for nonprofits

 

The cost for O1 visa individuals with extraordinary ability or achievement when applying for an O1 visa is made up of a non-refundable $1055 filing fee for Form I-129 for applications filed on or after April 1, 2024. This fee is reduced to $530 for smaller companies, ie those with 25 or fewer full-time employees.

In addition, there is a $205 fee to File Form DS-160 once the petition is approved.

A new Asylum Program Fee of $600 will also be payable by employers who file a Form I–129, Petition for a Nonimmigrant Worker, on or after April 1, 2024. This is chargeable at $600, or $300 for smaller employers, or nil for nonprofits.

 

Section G: O1 Visa Interview

 

For processing of your application to be completed, you will be required to attend an interview in person at a US embassy or Consular Office outside the US.

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

 

1. Arrange the Interview

 

After receiving Form I-797, Notice of Action, indicating that your O1 Visa petition has been approved, you will need to schedule an appointment for your visa interview at a US consulate or Embassy in your home country. This is done through the US Department of State’s Consular Electronic Application Center (CEAC) after completing Form DS-160.

 

2. What to take to the Interview

 

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:

 

a. your appointment confirmation page

b. the receipt number of your approved petition

c. a valid passport or other form of travel document

d. a 5 x 5 cm (2” by 2”) colour photograph taken within the last 6 months

e. evidence of your status in the country you are applying from, if you are not a local citizen

f. evidence of any previously issued US visas

g. a police certificate, if you have ever been arrested, cautioned or convicted of an offence

h. a physician’s letter, if you have a medical condition that could have a bearing on eligibility

i. any relevant immigration documents, if you have ever been denied entry into or deported, or removed from the United States.

 

3. O1 Visa Interview Questions

 

The interview is typically brief, lasting around 10-15 minutes, but it can vary depending on the complexity of your case.

In general, you should expect and prepare for questions on the information provided in your initial petition, covering your employment, qualifications, experience as well as your personal background and travel history.

 

Table: Common O-1 Visa Interview Questions
Category
Common Questions
Background and Personal Information
– “Can you please introduce yourself?”
– “Why do you want to work in the United States?”
– “What is your educational background?”
Professional Achievements and Experience
– “Can you describe your extraordinary ability or achievements in your field?”
– “What significant awards or recognitions have you received?”
– “Can you provide examples of your work that demonstrate your extraordinary ability?”
Details About the Job Offer
– “Who is your U.S. employer or agent?”
– “What is the nature of your employment in the United States?”
– “Can you describe the project or activities you will be involved in?”
Eligibility and Documentation
– “How did you obtain the consultation letter from the peer group or labor organization?”
– “Can you explain the evidence of your high salary or remuneration compared to others in your field?”
– “What publications or media coverage highlight your achievements?”
Future Plans
– “What are your plans after your O1 Visa expires?”
– “Do you intend to return to your home country after completing your work in the U.S.?”

4. Decision

 

You will usually be notified of the decision made on your application at your interview.

If your application is approved, the consular officer will retain your passport for visa stamping.

Your passport, with the embossed O-1 visa stamp, will usually 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-1 status in line with the employment detailed in your O-1 petition.

 

Section H: O1 Visa Application Challenges

 

Applying for the O1 visa can be a challenging process due to its stringent requirements and detailed documentation. Common areas of risk include:

 

1. Proving Extraordinary Ability

Demonstrating extraordinary ability requires substantial evidence, which can be difficult to gather and present effectively. Applicants must provide a significant amount of documentation, such as awards, publications, high salaries, and endorsements from recognized authorities in their field.

Provide comprehensive and well-organized evidence of your extraordinary ability. Include awards, recognitions, publications, high salary evidence, and endorsements. Use a variety of evidence types to build a robust case that clearly demonstrates your qualifications and achievements.

 

2. Obtaining a Consultation Letter

Securing a consultation letter from a peer group, labor organization, or management organization can be time-consuming and challenging.

The letter must be specific to the applicant’s extraordinary ability and provide a strong endorsement, which can be difficult to obtain from busy or uninterested organizations.

Obtain letters of recommendation from recognized experts in your field who can credibly attest to your extraordinary ability. Request detailed and personalized letters that highlight specific achievements and contributions, rather than generic endorsements.

Work with your peer group, labor organization, or management organization to obtain a strong consultation letter that supports your application.

Provide the organization with a clear summary of your achievements and the significance of your contributions to help them write an informed and compelling letter.

 

3. Gathering Comprehensive Documentation

Collecting and organizing all necessary documents can be overwhelming and time-intensive. The required documentation includes various forms of evidence, such as contracts, employment offers, media coverage, and more, all of which need to be meticulously compiled and presented.

Carefully review all forms, documents, and evidence before submission to ensure completeness and accuracy. Double-check for any errors, inconsistencies, or missing information that could delay or jeopardize your application.

 

4. Responding to Requests for Evidence (RFE)

USCIS may issue an RFE if they require additional information or are not satisfied with the initial submission. Responding to an RFE can add significant delays and stress to the application process, as it often requires gathering more documentation and providing detailed explanations.

Be prepared to respond to Requests for Evidence by keeping additional documentation and explanations ready. Anticipate possible concerns USCIS may have and address them proactively in your initial application to reduce the likelihood of receiving an RFE.

 

5. Legal and Administrative Process

Understanding and complying with the complex legal and administrative requirements can be daunting, especially for those unfamiliar with US immigration laws or the sponsorship and petitioning process. Mistakes in the application process can lead to delays or denials, making it crucial to ensure every step is handled correctly.

Take professional advice to ensure you meet the procedural requirements and reduce the stress and hassle of making the application.

 

Section I: Maintaining O1 Visa Status

 

O1 visas are typically granted for a period that allows the visa holder to complete the relevant project or event, up to a maximum of three years.

 

1. O1 Visa Renewals

 

O-1A and O-1B visas are both renewable indefinitely, provided you make the extension applications on time and that you continue to meet the O-1 visa requirements.

Extensions are permissible in increments of 12 months, with no restrictions on the number of times you can apply to extend the O1 visa, provided you continue to be eligible.

To qualify for an extension, you have to continue to demonstrate extraordinary ability in your field and have a valid employment offer or contract in the US. The employment must be ongoing, and the nature of the work should remain within the scope of the initial visa approval.

The employer or agent must file a new Form I-129, Petition for a Nonimmigrant Worker, on behalf of the O1 Visa holder. This form is used to request an extension of stay.

Supporting documentation will also need to be provided, including:

 

a. Consultation Letter: Obtain a new consultation letter from a peer group, labor organization, or management organization in the visa holder’s field, reaffirming their extraordinary ability and the need for their continued presence in the US.

b. Employment Contract: Provide a current employment contract or a letter from the employer outlining the terms of continued employment, including job duties, salary, and duration.

c. Evidence of Continued Extraordinary Ability: Include updated evidence of the visa holder’s extraordinary ability, such as recent awards, publications, high salary evidence, and endorsements.

 

USCIS will review the extension petition and may issue a Request for Evidence (RFE) if additional information is needed. Respond promptly to any RFEs to avoid delays.

Once USCIS processes the petition, they will issue a decision. If approved, the visa holder will receive Form I-797, Notice of Action, indicating the extension approval.

To maintain legal status, ensure that the extension petition is filed before your current O1 visa expires. You are allowed to continue working for up to 240 days while the extension petition is pending, provided it was timely filed on time.

You should also avoid international travel while the extension petition is pending. If travel is necessary, consult with an immigration attorney to understand the potential implications on the extension process.

 

2. O1 Visa to Green Card

 

Unlike most other temporary US work visas, the O-1 visa offers a path to a US Green Card without raising issues of initial intent with USCIS.

This is because the O1 classification is known as a dual intent visa, allowing the holder and their dependents to adjust status from temporary residents to green card holders while in the United States.

Specific eligibility requirements apply for the Extraordinary Ability Green Card and you will need to make an application to change your status to lawful permanent resident. Take professional advice on your circumstances.

 

3. Change in O1 Visa Employment

 

If you lose your job while in the United States on an O1 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 O1 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.

 

Section J: Benefits of the O1 Visa

 

The O1 Visa offers numerous benefits for individuals with extraordinary abilities, making it an attractive option for those seeking to work in the United States.

 

1. Advantages for Visa Holders

 

O1 visa holders gain a number of benefits through their status:

 

a. Work Authorization

The O1 Visa grants individuals the authorization to work legally in the United States for a specific employer or agent in their field of extraordinary ability. This allows visa holders to contribute their unique skills and expertise to US enterprises.

 

b. No Annual Cap

Unlike the H-1B visa, which has an annual cap on the number of visas issued, the O1 Visa does not have a numerical limit. This makes it more accessible for qualified applicants, as there are no restrictions on the number of O1 Visas that can be granted each year.

 

c. Flexibility in Employment

O1 Visa holders can work for multiple employers, provided each employer files a separate petition with USCIS. This flexibility is particularly beneficial for individuals in fields like entertainment and consulting, where freelance work and multiple engagements are common.

 

d. Extended Duration

The initial duration of the O1 Visa is up to three years, with the possibility of unlimited extensions in one-year increments, as long as the visa holder continues to demonstrate extraordinary ability and maintain their employment in the US.

 

e. Pathway to Permanent Residency

O1 Visa holders may be eligible to apply for permanent residency (green card) under the EB-1 category for individuals with extraordinary ability. This pathway provides a route to long-term residence and work authorization in the US.

 

f. Dependents

The O1 Visa allows visa holders to bring their dependents (spouse and unmarried children under 21) to the United States under the O3 Visa category. O3 Visa holders can study in the US and, in some cases, apply for work authorization.

 

g. No Degree Requirement

Unlike the H-1B visa, which typically requires a bachelor’s degree or higher, the O1 Visa does not have a formal educational requirement. The primary criterion is demonstrating extraordinary ability, regardless of educational background.

 

h. Premium Processing

O1 Visa applicants can opt for premium processing, which expedites the USCIS review process, ensuring a decision within 15 calendar days.

 

2. Comparison with Other Visa Types

 

The O1 Visa is just one of several options available for highly skilled professionals seeking to work in the United States. Other common work visas include the H-1B, L-1, and EB-1 visas, each with its own set of requirements, benefits, and limitations.

 

a. O1 Visa vs. H-1B Visa

The O1 Visa requires proof of extraordinary ability in the applicant’s field, demonstrated by sustained national or international acclaim. The H-1B Visa, on the other hand, requires a job offer in a specialty occupation and at least a bachelor’s degree or its equivalent in a related field.

The O1 Visa has no annual cap, making it available year-round. In contrast, the H-1B Visa is subject to an annual cap of 85,000 visas, with 65,000 under the regular cap and 20,000 reserved for those with advanced degrees.

The O1 Visa allows an initial stay of up to three years, with unlimited extensions available in one-year increments. The H-1B Visa provides an initial stay of three years, extendable to a maximum of six years.

O1 Visa holders can work for multiple employers, as long as each files a separate petition. H-1B Visa holders are typically tied to a single employer and must file a new petition to change employers.

The O1 Visa does not require formal education, focusing instead on extraordinary ability. The H-1B Visa mandates at least a bachelor’s degree or its equivalent in a specialty occupation.

 

b. O1 Visa vs. L-1 Visa

The O1 Visa requires proof of extraordinary ability in the applicant’s field. The L-1 Visa is for intra-company transfers of executives, managers, or employees with specialized knowledge from a foreign office to a US office.

O1 Visa holders can work for multiple employers, provided each submits a separate petition. L-1 Visa holders must work for the same multinational company that is transferring them.

The O1 Visa allows an initial stay of up to three years, with unlimited extensions. The L-1 Visa permits an initial stay of one to three years, with extensions up to seven years for L-1A (executives and managers) and five years for L-1B (specialized knowledge employees).

O1 Visa dependents (O3) can accompany the visa holder but are not allowed to work. L-1 Visa dependents (L-2) can accompany the visa holder, and L-2 spouses are eligible to apply for work authorization.

 

c. O1 Visa vs. EB-1 Visa

Both the O1 Visa and EB-1 Visa require proof of extraordinary ability, but the O1 Visa is nonimmigrant, while the EB-1 Visa provides permanent residency.

The O1 Visa is for nonimmigrant intent, though dual intent is recognized. The EB-1 Visa is for immigrant intent, leading to permanent residency in the US.

The O1 Visa is generally faster to obtain, with premium processing available. The EB-1 Visa involves a more comprehensive process, which may include labor certification in some cases.

The O1 Visa offers temporary, renewable status. The EB-1 Visa provides permanent residency, allowing indefinite stay and work in the US.

O1 Visa dependents (O3) can accompany the visa holder but are not authorized to work. EB-1 Visa dependents (spouse and children) can obtain permanent residency and work authorization.

 

Table: Pros and Cons of the O1, H-1B, L-1, and EB-1 Visas
Visa Type
Pros
Cons
O1 Visa
– No annual cap
– No formal education requirement
– Flexible employment options
– Faster processing
– High threshold for proving extraordinary ability
– Dependents cannot work
H-1B Visa
– Commonly used
– Clear educational requirement
– Dual intent allowed
– Subject to annual cap
– Limited duration
– Less flexible employment options
L-1 Visa
– Facilitates intra-company transfers
– Work authorization for spouses (L-2)
– Dual intent allowed
– Limited to multinational companies
– Strict requirements for company operations and employee roles
EB-1 Visa
– Permanent residency
– Work authorization for family
– No annual cap for extraordinary ability category
– Lengthier application process
– Higher documentation requirements

 

Section K: Summary

 

The O-1 Visa is a nonimmigrant visa that allows individuals with extraordinary ability or achievement in fields such as sciences, arts, education, business, athletics, or the motion picture and television industry to work temporarily in the United States. To qualify, applicants must demonstrate that they are among the top in their field, providing evidence such as major awards, significant publications, or substantial media recognition.

While the O-1 Visa offers a valuable opportunity for highly skilled professionals, there are key risks and considerations to keep in mind. First, gathering the required documentation to prove extraordinary ability can be challenging and time-consuming. Applicants need substantial evidence, including endorsements from experts, consultation letters, and detailed proof of achievements.

Another consideration is that the application requires sponsorship from a US employer or agent, meaning applicants cannot apply independently. If the employment relationship ends, the visa could be affected.
There is also the possibility of receiving a Request for Evidence (RFE) from USCIS, which can delay processing and require additional proof. Working with an experienced immigration attorney can help avoid issues and ensure that the application meets the required standards.

 

Section L: Need Assistance?

 

The O visa classification is inherently complex. The evidentiary requirements are stringent, and typically come under closer scrutiny from adjudicators.

NNU Immigration are specialist US immigration attorneys with particular expertise in O-1 visas. We guide applicants through the entire process, from eligibility advice to support with compiling compelling supporting evidence to support the application.

With exceptional knowledge and insight into the visa application processes, we advise non-US nationals and their dependents on available US visa and immigration options, including the O1 visa, providing full support to submit the application to the relevant US authorities.

If you have a question about an O-1 visa, please contact us for advice.

 

Section M: FAQs

 

What is the O-1 Visa?
The O-1 Visa is a nonimmigrant visa for individuals who demonstrate extraordinary ability in their field, such as sciences, arts, education, business, or athletics. It allows them to temporarily work in the US.

 

Who can apply for the O-1 Visa?
Individuals with extraordinary ability in fields like science, arts, business, or athletics can apply. They must prove their exceptional achievements through documentation, such as awards, publications, or critical recognition.

 

What is the role of a US sponsor?
A US sponsor, typically an employer or agent, is required to file Form I-129 on behalf of the applicant. The sponsor petitions USCIS for the O-1 Visa and oversees the employment or contractual arrangements in the US.

 

What documents are required for the O-1 Visa?
Key documents include Form I-129, a consultation letter, an employment contract, an itinerary of events (if applicable), and evidence of extraordinary ability like awards or media coverage.

 

Can I work for multiple employers on an O-1 Visa?
Yes, you can work for multiple employers, but each employer must file a separate petition, or an agent can file on your behalf, providing an itinerary of engagements.

 

How long does it take to get an O-1 Visa?
The process generally takes 4 to 8 months under regular processing. Premium processing is available for an additional fee and guarantees a decision within 15 calendar days.

 

What is Form I-129?
Form I-129 is the Petition for a Nonimmigrant Worker, which the US sponsor must file with USCIS to request the O-1 Visa for the applicant.

 

Do I need a visa interview?
If applying from outside the US, you will need to attend a visa interview at a US consulate or Embassy as part of the application process. During the interview, consular officers will assess your eligibility.

 

Can my family accompany me on an O-1 Visa?
Yes, your spouse and unmarried children under the age of 21 can accompany you to the US on O-3 Visas. However, O-3 Visa holders are not allowed to work in the US.

 

Can I extend my O-1 Visa?
Yes, O-1 Visas can initially be granted for up to three years, with the possibility of unlimited one-year extensions as long as the applicant continues to meet the eligibility requirements and has ongoing employment.

 

What is premium processing?
Premium processing is an expedited service offered by USCIS for an additional fee. It guarantees a decision on Form I-129 within 15 calendar days.

 

What happens if my O-1 Visa petition is denied?
If your O-1 Visa petition is denied, you may appeal the decision or reapply with additional evidence. You should consult with an immigration attorney to explore your options.

 

Is there an annual cap on O-1 Visas?
No, unlike other visa types like the H-1B, there is no annual cap on the number of O-1 Visas issued, making it more accessible for highly qualified applicants.

 

Section N: Glossary

Term
Definition
O-1 Visa
A nonimmigrant visa for individuals with extraordinary ability in fields such as science, arts, education, business, or athletics.
Extraordinary Ability
A high level of skill or recognition in a specific field, demonstrated through major achievements, awards, or media coverage.
USCIS (United States Citizenship and Immigration Services)
The government agency that oversees lawful immigration to the United States, including processing O-1 Visa applications.
Nonimmigrant Visa
A visa that allows individuals to enter the US temporarily for a specific purpose, such as work or study.
Sponsorship
A US employer or agent who petitions on behalf of the applicant, allowing them to work in the United States.
Request for Evidence (RFE)
A notice issued by USCIS when additional documentation or information is needed to make a decision on the visa application.
Consultation Letter
A letter from a peer group, labor organization, or management organization endorsing the applicant’s extraordinary ability.
Endorsement
Written support from recognized authorities or experts in the applicant’s field to validate their extraordinary achievements.
Employment Relationship
The working arrangement between the O-1 Visa holder and their US employer or agent, which must be maintained to keep the visa.
Evidence of Extraordinary Ability
Documentation such as awards, publications, or media recognition used to demonstrate the applicant’s exceptional skills.

 

Section O: Additional Resources

 

USCIS – O-1 Visa: Individuals with Extraordinary Ability or Achievement
https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement
The official US Citizenship and Immigration Services page that explains the eligibility criteria, application process, and necessary forms for the O-1 Visa.

 

US Department of State – Temporary Worker Visas
https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
The US Department of State’s official resource detailing the various categories of temporary work visas, including the O-1 Visa, and the visa interview process.

 

Author

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

This article does not constitute direct legal advice and is for informational purposes only.

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