Guide to the O-1 visa for individuals with extraordinary ability or achievement, covering O-1A (sciences, business, education, athletics) and O-1B (arts, motion picture, television) criteria, evidence requirements, advisory opinions, and petition filing.
Evaluate if you qualify for O-1A (sciences, business, education, athletics)
O-1A requires evidence of extraordinary ability, meaning you've risen to the top of your field. You must meet at least 3 of 8 evidentiary criteria, such as major awards, published material about you, high salary, or membership in associations requiring outstanding achievement.
Review all 8 O-1A criteria and identify which 3+ you can satisfy
Gather preliminary evidence for each criterion you plan to claim
Evaluate if you qualify for O-1B (arts, film, or television)
O-1B for the arts requires "distinction" — a high level of achievement evidenced by skill and recognition substantially above what's ordinarily encountered. O-1B for motion picture/TV requires "extraordinary achievement" demonstrated by a record of significant acclaim. Different evidentiary criteria apply to each.
Identify a U.S. employer or agent to serve as petitioner
You cannot self-petition for O-1. A U.S. employer, agent, or foreign employer through a U.S. agent must file on your behalf. If you work for multiple employers (common in entertainment), an agent can file as the petitioner and list all engagements in an itinerary.
Build Your Evidence Package
Document major awards or prizes in your field
This includes nationally or internationally recognized awards. For O-1A, awards like Nobel, Pulitzer, or Oscar automatically qualify. Smaller awards count too if they're recognized within your field. Include award certificates, press coverage, and criteria for selection.
Gather evidence of published material about you
Articles in professional journals, major newspapers, trade publications, or online media that discuss your work and achievements. The material must be about you specifically, not just mention you in passing. Include full articles with circulation data.
Compile proof of original contributions of major significance
Patents, published research with high citation counts, invited keynote presentations, or products/methods you developed that are widely adopted. Include letters from independent experts explaining why your contributions are significant to the field.
Get 5-8 expert recommendation letters from independent authorities
Document citations, patents, or industry adoption of your work
Show evidence of high salary or remuneration
Your compensation must be high relative to others in your field. Provide employment contracts, pay stubs, W-2s, or offer letters. Include salary surveys or industry data showing your pay is in the top percentiles for your profession.
Document membership in associations requiring outstanding achievement
The association must require outstanding achievement for admission, as judged by recognized experts. General professional memberships (like paying a fee to join) don't count. Provide membership criteria, your acceptance notification, and a description of the organization.
Compile evidence of judging the work of others
Serving as a peer reviewer for journals, judging competitions, reviewing grant applications, or serving on doctoral committees. Provide reviewer invitations, published reviews, and thank-you letters from journal editors showing you were selected for your expertise.
Advisory Opinion
Obtain a written advisory opinion from a peer group or labor organization
USCIS requires a consultation letter from a relevant peer group, labor union, or management organization. For O-1A, contact a professional organization in your field. For O-1B arts, contact the relevant union (e.g., SAG-AFTRA, AFM). The opinion should confirm your extraordinary ability.
Submit advisory opinion request with your evidence summary
Send the peer group your resume, evidence summary, and a description of the proposed U.S. activities. Most organizations respond within 2-4 weeks. If no appropriate peer group exists, you can submit letters from recognized experts instead, with an explanation.
Include the advisory opinion in your petition package
The opinion is advisory, not binding — USCIS can approve despite a negative opinion or deny despite a positive one. However, a favorable opinion from a prestigious organization significantly strengthens your case. If the opinion hasn't arrived by filing, note it and submit when received.
Petition Filing
Petitioner files Form I-129 with O classification supplement
The filing fee is $460 plus applicable fees. Include Form I-129 O/P supplement, the advisory opinion, an itinerary of events or activities (if working for multiple employers or on multiple projects), and all supporting evidence.
Include a comprehensive support letter from the petitioner
The letter should describe the specific work to be performed, why the beneficiary's extraordinary ability is needed, the dates and nature of events or activities, and the petitioner's relationship to the beneficiary. Address each evidentiary criterion claimed.
Prepare the petition itinerary for the full requested period
O-1 status is granted for the duration of the event, activity, or performance — up to 3 years initially. Provide contracts, engagement letters, or a detailed schedule. If the full itinerary isn't available, a summary of planned activities with confirmed dates is acceptable.
Submit to the correct USCIS service center
O-1 petitions are filed at the California or Vermont Service Center based on the petitioner's state. Check the USCIS filing instructions for current routing. Standard processing takes 3-5 months; include a copy of your I-797 receipt notice for records.
Premium Processing and Next Steps
Consider premium processing for a faster decision
File Form I-907 with a $2,805 fee. USCIS guarantees a response (approval, denial, or RFE) within 15 business days. If USCIS issues an RFE under premium processing, the 15-day clock resets once you respond.
Respond to any Request for Evidence (RFE) thoroughly
Common RFE topics for O-1: insufficient evidence of extraordinary ability, weak advisory opinion, or unclear itinerary. You generally have 87 days to respond. Submit all requested evidence in a single package with a cover letter addressing each deficiency.
After approval, schedule visa interview or apply for change of status
If abroad, schedule a visa interview at a U.S. consulate with your I-797 approval notice. If already in the U.S. on a valid status, the I-129 can include a request for change of status (no consular visit needed). O-1 extensions can be filed in 1-year increments indefinitely.
Frequently Asked Questions
What qualifies as extraordinary ability for an O-1 visa?
For O-1A (sciences, business, education, athletics), you must demonstrate sustained national or international acclaim through evidence such as major awards, published work, high salary, membership in exclusive associations, or judging peers' work. For O-1B (arts, film, television), the standard is distinction, which is somewhat lower. You must meet at least 3 of the 8 evidentiary criteria defined by USCIS, or show a major one-time achievement equivalent to a Nobel Prize or Oscar.
How long does O-1 visa processing take?
Regular processing takes 3-6 months. Premium processing is available for an additional $2,805 fee, guaranteeing an initial response within 15 business days. The O-1 also requires a peer advisory opinion letter from a relevant labor organization or peer group, which can take 2-4 weeks to obtain. Plan your petition timeline accordingly, ideally starting 6+ months before your intended employment start date. Consult an experienced immigration attorney, as O-1 petitions require substantial documentation.
Can O-1 visa holders change employers?
Yes, but a new employer must file a new O-1 petition on your behalf before you can begin working for them. Unlike H-1B portability, there is no provision allowing O-1 workers to start employment upon filing; you must wait for approval. You can work for multiple employers simultaneously if each files its own approved O-1 petition. An agent can also file a single petition for O-1 workers performing services for multiple employers, which is common in the entertainment industry.
Is there an annual cap on O-1 visas?
No. Unlike the H-1B visa, which has an annual cap of 85,000 (65,000 regular + 20,000 master's exemption), the O-1 visa has no numerical limit. Petitions can be filed and approved year-round without lottery or quota concerns. This makes the O-1 an attractive alternative for highly qualified individuals who miss the H-1B lottery or need faster processing. The initial O-1 is granted for up to 3 years, with 1-year extensions available indefinitely.