The O-1 visa classification allows the foreign nationals with “extraordinary ability in the sciences, education, business, or athletics” (O-1A), or with “extraordinary achievement in arts, the motion picture or television industry” (O-1B), to enter the United States to work for a U.S. employer.

O-1 Visa Eligibility

The O-1 visa beneficiary must demonstrate extraordinary ability by sustained national or international acclaim, and must be coming temporarily to the United States to continue work in the area of extraordinary ability. In terms of “extraordinary ability”:

  • The beneficiary must demonstrate a level of expertise indicating that the beneficiary is one of the small percentage who have arisen to the very top of the field of endeavor in the field of science (including science, technology, engineering, and mathematics (STEM) fields), education, business, or athletics.
  • The beneficiary must demonstrate a high level of achievement in the field of arts, as evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
  • The beneficiary must demonstrate a very high level of accomplishment in the motion picture or television industry, as 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 the motion picture or television field

O-1A Visa Eligibility:

The beneficiary has received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:

  • Documentation of the beneficiary's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Documentation of the beneficiary's membership in associations in the field for which classification is sought, 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 the beneficiary, relating to the beneficiary's work in the field for which classification is sought;
  • Evidence of the beneficiary's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;
  • Evidence of the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field;
  • Evidence of the beneficiary's authorship of scholarly articles in the field, in professional journals, or other major media;
  • Evidence that the beneficiary has been employed in a critical or essential capacity for organizations that have a distinguished reputation; or
  • Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services.

O-1B Visa (Arts, Motion Picture or Television) Eligibility:

The beneficiary has received, or been nominated for, a significant national or international award in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award) or at least three of the following forms of evidence:

  • Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation;
  • Evidence that the beneficiary has achieved national or international recognition for achievements;
  • Evidence that the beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation;
  • Evidence that the beneficiary has a record of major commercial or critically acclaimed successes;
  • Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the beneficiary’s field; or
  • Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field.

How to Apply

An O-1 petition (Form I-129) must be submitted by a U.S. employer or a U.S. agent (normally in relation to O-1B visa) to USCIS. An O-1 beneficiary may not petition on his/her own behalf.

Supporting documents of the O-1 petition include the evidence of O-1 beneficiary’s eligibility, contract between the employer and beneficiary, and a written advisory opinion from a peer group (including labor organizations) if any.

After USCIS approval, the O-1 beneficiary may apply for O-1 visa at the U.S. consulates and enter the U.S. with the valid visa stamp.

Period of Stay

The initial O-1 visa period of stay is up to 3 years. Extension may be granted by USCIS for up to 1 year. There is no limit to the number of extensions a U.S. employer can file for the same beneficiary.

Dependents’ O-3 Status

Spouses and children under 21 years old may seek admission in the O-3 visa and, if approved, generally will be granted the same period of stay as the O-1 principal.

Dual Intent

Dual intent is permissible for O-1 visa holders. [9 FAM 402.13-5(B)] Therefore, an O-1 beneficiary may apply for green card while remaining in the U.S.