O-1 Visa Requirements Explained in Detail
The United States has long been an attractive choice for highly skilled professionals worldwide. Those looking to find success and stability in the U.S. have a range of visa options that may be suitable for their particular situation. One unique pathway for skilled individuals to pursue is the O-1 visa. The O-1 visa comes with specific criteria and requirements to qualify. In this guide, we’ll take a deep dive into the O-1 visa qualifications, application instructions, expert tips and more.
Getting An O-1 Visa
The O-1 nonimmigrant visa is designed for individuals who have extraordinary skills in the sciences, education, athletics, arts or in the motion picture/television industry and have received international or national acclaim for those works. This nonimmigrant visa category can be broken down into the following subsections:
- O-1A: Created for individuals with exceptional skills in the fields of sciences, education, business, or athletics (excluding the arts, motion pictures, or television industry).
- O-1B: Designed for individuals with extraordinary talents in the arts or remarkable achievements in the motion picture or television industry.
Related to O-1 Visas
- O-2: Reserved for individuals who will accompany and support O-1 artists or athletes during specific events or performances.
- O-3: Available to spouses or children of O-1 and O-2 visa holders.
The O-1 visa must be sponsored by a U.S. employer or sponsored by an agent. Check out this guide for more information on O-1 visa extension.
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O-1 Visa Requirements
One of the main O-1 requirements is having to demonstrate extraordinary ability “by sustained national or international acclaim”.
How does USCIS define “extraordinary ability”?
By definition, extraordinary ability means a “level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field.”
For detailed information regarding how USCIS evaluates evidence to determine O-1A eligibility, including examples and considerations that are especially relevant for those in science, technology, engineering, and mathematics (STEM) fields, see the USCIS Policy Manual Volume 2, Part M, Chapter 4, Section C, and Appendix: Satisfying the O-1A Evidentiary Requirements.
In regards to the arts, this distinction means a “high level of achievement in the field of the arts”. Evidence can be provided by showing a degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are prominent, renowned, leading, or well-known in the field of arts.
In order to qualify under the motion picture/television industry subcategory you must be “recognized as outstanding, notable or leading in the motion picture and/or television field”. An immigration attorney is best qualified to help you compile the necessary evidence to meet the stringent qualifications under the O-1 visa category.
Are you the spouse or child of an O-1 or O-2 visa holder?
To be eligible for an O-2 visa, your assistance must be an essential and indispensable part of the performance of the O-1A visa holder. You must possess specialized skills and experience with the O-1 visa holder that are not of a general nature and cannot be easily performed by a U.S. worker. If you are an O-2 visa holder in the motion picture or television industry, your skills and experience with the O-1 visa holder must be specific and crucial. This may be based on a pre-existing long-term working relationship or, in the case of a particular production, because significant production activities (including pre-and post-production work) will occur both within and outside the United States. Your continued involvement is essential for the successful completion of the production.
Application Process – O-1 Visa
To begin the process of obtaining an O-1 Visa, you need to complete a number of steps. To avoid making any costly errors and adding additional delays to your overall case, we strongly recommend hiring a qualified immigration attorney to submit your O-1 visa case.
Firstly, you should submit Form I-129, Petition for Nonimmigrant Worker, along with the required filing fee.
It is crucial to provide a written advisory opinion from a respected individual or peer group in your employer’s field. If you are applying for an O-1 Visa in the motion pictures or television industry, the advisory opinion must come from a relevant labor union and management organization in that field.
Additionally, you must include a copy of the contract between you and your employer. If there was an oral agreement, a written summary of the contract should suffice, as long as it clearly states the terms offered by your employer and accepted by you. Furthermore, you need to submit a detailed itinerary of the events and activities you plan to participate in while in the United States. This itinerary must include the starting and ending dates.
Once you have gathered all the necessary information, VisaNation’s O-1 visa lawyers will handle the filing of the documents. The United States Citizenship and Immigration Services (USCIS) will then review your petition. It’s important to note that this entire process should be initiated at least forty-five (45) days but no more than one year before your employment date.
Recap of Important Documents
- Submit Form I-129, Petition for Nonimmigrant Worker
- Include written advisory opinion
- Include employment agreement
- Include a detailed itinerary of events/activities
Our Experience with One Client’s O-1A Visa
Our team has successfully helped many foreign professionals obtain an O-1A visa. This particular O-1 success story about a pilot from South Africa was riddled with challenges including dealing with the uncertainty of a global pandemic but in the end, we were able to come out on top and get his O-1A approved in February 2022! We were able to prove that he satisfied at least four of the regulatory criteria including having documented membership in pertinent associations, employment in a critical/essential capacity, commanding a high salary and serving as a judge or evaluator of the work of others. You can read the entire success story linked above!
We make employment immigration to the U.S. easy and simple.
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Frequently Asked Questions
Who is able to file an O-1 petition?
The O-1 petition needs to be filed by the sponsoring employer or an agent. Self-petitioning is not permitted. The petition must be submitted to the USCIS Service Center within the jurisdiction of your intended place of employment. The nature of your O-1 job will determine whether you need either an employer or an agent to sponsor your petition.
Who qualifies for an O-1 visa?
Individuals in the fields of sciences, education, business, or athletics as well as those with extraordinary talents in the arts or remarkable achievements in the motion picture or television industry qualify.
What is the salary requirement for O-1 visa?
There isn’t a specific salary requirement per se that is required by USCIS. With that being said it is expected that the salary offered to an O-1 visa beneficiary should be in line with their extraordinary abilities or achievements in their respective field. USCIS will evaluate a range of factors, including the applicant’s qualifications, reputation, and the nature of the employment, to determine if the offered salary is appropriate. Our team can help provide evidence and documentation for your case demonstrating that the salary offered is reasonable and reflects the your exceptional abilities.
Can I travel overseas on O-1 visa status?
Yes, you can travel outside of the United States while on O-1 visa status. Be sure to have these important documents when wanting to reenter the United States:
- Passport (valid six months or longer than your O-1 visa expiration)
- Valid O-1 visas stamped in your passport (check your stamp expiration before traveling overseas)
- Form I-797 approval notice
Are O-1 visa hard to get?
Due to the stringent requirements, they can require ample evidence to get approved. For that reason, among others, it’s imperative to have an immigration attorney handle your case.
How long does it take to get O-1 visa?
Well, you should initiate the O-1 visa entire process at least forty-five (45) days but no more than one year before your employment date. Typically we’ve seen that the O-1 processing time is faster than some other visas like the H-1B visa. Consult your immigration attorney but generally, you should still allot three to four months for the application to process. At the end of the day, the I-129 petition’s processing time is dependent on the service center that is responsible for processing it. As of June 2023, the processing time for the California Service Center for the I-129 is 2 months and 1.5 months for the Vermont Service Center. Check up-to-date processing times here.
Is premium processing an option?
Yes! For a fee of $2,500 you can get premium processing for USCIS to process your petition in 15 calendar days or fewer.
How do I seek a change of status?
One benefit of the O-1 visa is that it is considered dual intent so you can pursue your green card while you have that status. Learn more about Maintaining O-1 Visa Status and changing employers.
We make employment immigration to the U.S. easy and simple.
Schedule a Consultation
What is the difference between the O-1 visa and the H-1B visa?
The H-1B visa is intended for employers who want to hire foreign workers in specialized occupations that require highly specialized knowledge and expertise. This visa typically necessitates a job offer from a U.S. employer and requires demonstrating that the position meets the criteria of a specialized occupation. Conversely, the O-1 visa is based on the individual’s extraordinary ability and focuses on the applicant’s qualifications, the H-1B visa is employer-focused and revolves around the job requirements and the sponsoring employer. Additionally, the O-1 visa does not have an annual cap, allowing for more flexibility, whereas the H-1B visa has a yearly numerical limit, resulting in a competitive selection process.
Alternatives to O-1 Green Card
Don’t meet the O-1 green card qualifications? Check out these alternatives:
- EB-1 Visa: This visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, as well as outstanding professors or researchers, and multinational executives or managers.
- EB-2 Visa: This visa is for individuals with an advanced degree (beyond a U.S. bachelor’s degree) or who have significant competence in art, business, or science. Must pass the Labor Certification Process.
- EB-3 Visa: Designed for skilled, professional, or “unskilled” workers. The EB-3 Green Card has less strict qualifying requirements, but there are more eligible applicants compared to EB-1 and EB-2 categories.
- H-1B Visa: For skilled professionals with at least a bachelor’s degree in a field such as fields such as computer science, architecture, medicine, dentistry, engineering, accounting, etc. There are many benefits to having this type of visa including the fact that it’s dual intent, has a 3-year initial stay which can be extended, permits you to bring spouse/children and more.
- L-1 Visa: This visa allows multinational companies to transfer executives, managers, and specialized knowledge employees to their US offices. This visa has two subcategories- the L-1A for managers and executives, and the L-1B for employees with specialized knowledge.
- TN Visa: Designed for Canadian and Mexican citizens who are seeking temporary employment in the US under the North American Free Trade Agreement (NAFTA).
