Overview
The O-1 is a nonimmigrant visa for individuals with extraordinary ability in the sciences, education, business, athletics or the arts, without employer labor certification. O-1A covers the sciences, education, business and athletics; O-1B covers the arts, film and entertainment. Similar to EB-1A, you must demonstrate sustained acclaim, typically meeting at least three of eight criteria. O-1 has no annual quota, is extendable, and spouses and children may accompany under O-3. O-1 holders may later pursue an EB-1A green card.
Eligibility Requirements
- Extraordinary ability in the sciences, education, business, athletics or the arts (per O-1A/O-1B)
- Sustained national or international acclaim
- Generally meeting at least three of eight criteria (awards, membership, media, judging, original contributions, publications, leadership, high salary)
- A U.S. employer or agent to file the O-1 petition
- Intent to work in the field while in the U.S.
Program Advantages
- No annual quota — fast approval
- No PERM labor certification or employer recruitment process
- Extendable, up to 3 years at a time and renewable for the duration of the event
- Spouse (O-3) may accompany
- Builds toward an EB-1A green card
Application Process
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1
Field Positioning & Achievement Assessment
Determine O-1A/O-1B and evidence strategy.
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2
Evidence Collection & Petition
Compile achievement evidence and draft the petition.
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3
File Form I-129 (O-1)
File with USCIS; Premium Processing available.
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4
Consular Interview
Obtain the visa and travel to the U.S.
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5
Entry & Extension Planning
Plan extensions or a green card transition after entry.
Fees
| Visa Service Fee Optional Per applicant | $3,000 |
| Form I-129 Filing Fee (Gov.) | $460 |
| Premium Processing Fee (Gov.) Optional Result within 15 calendar days | $2,805 |
| MRV Visa Application Fee (Gov.) | $190 |
| Legal Service Fees Starting at $5,000 Final fees are subject to attorney evaluation and case complexity. | 5000 |
Government fees follow official current rates.