O1 Visa

To be eligible for an O-1 visa a foreign national must have extraordinary abilities/achievements in specific fields. O-1A visas apply to individuals with extraordinary abilities in the sciences, athletics, and business; O-1B visas are for individuals with extraordinary abilities in the arts. What qualifies as “extraordinary ability” differs somewhat for each group but overall individuals who have abilities at the top percentage of their peers in their field.

All O-1 visa require a contract with a US employer or agent. This means that there is no option for self-petitioning for an O-1 visa. In addition, individuals who wish to secure an O-1 visa must also demonstrate a consistent reputation for excellence within their specific field. To do this, each O-1 visa application must include either an advisory opinion from a notable peer group or trade/advisory organization. Multiple dedicated expert letters can be used in lieu an advisory opinion when an applicable organization or peer group is not available. 

The definition or requirements to demonstrate “extraordinary ability” for the various O-1 classifications do vary somewhat. For individuals in the fields of science, education, business or athletics, they must be in the small percentage of people who have expertise rising to the top levels of their field. For individuals in the arts, their skills and recognition must rise to renown prominence. Similarly, for individuals in the motion picture/television fields, the degree of skill and accompanying recognition must make the foreign national significantly outstanding or notable in the industry. 

Individuals who assist O-1 applicants in specific events and who are seeking an associated O-2 visa, must be critical to the O-1 visa holder’s performance/event. More specifically, the O-2 visa applicant must have abilities and functions that cannot be easily performed by a similar US worker. The O-2 applicant’s contribution must be vital to the completion of the event or production.

Immediate family members of an O-1 visa applicant may be eligible for an associated O-3 visa, provided they are the O-1 visa applicant’s spouse or children (under the age of 21). The O-3 visa will be issued for the same time period as the associated O-1. O-3 visa holders are not eligible to work in the US but they can engage in full or part-time study.

The general steps for applying for an O-1 visa are as follows:

1. The O-1 visa applicant’s employer or agent must file a petition with USCIS using Form I-129, Petition for a Nonimmigrant Worker. They must pay applicable fees and provide all requisite documentation. The application should be filed at least 45 days before the intended start of the work but no more than 1 year before that date. The employer/agent petitioner must submit documentary evidence to establish the applicant’s extraordinary ability or achievement in the form of an advisory opinion from a notable peer group or trade/advisory organization. Multiple dedicated expert letters can be used in lieu an advisory opinion when an applicable organization or peer group is not available. Once USCIS reviews this initial form and documents they will provide a notice to the employer/agent. If the decision is positive then the applicant can begin their portion of the application process.
   
   
2. Next the applicant must complete the online Form DS-160 on the Consular Electronic Application Center website. Once the receipt or confirmation for the application submission is provided, it must be printed and included in the application paperwork.
   
   
3. The following step includes the payment of the applicable O-1 visa fees. Once payment is made, the receipt must be saved as it will be required as proof of payment during the interview.
   
   
4. Next, an appointment must be scheduled for a visa interview at the nearest US mission. 
   
   
5. All required evidentiary documents must be gathered prior to the interview. There are various documents that must be provided during the interview. A general list of these documents are as follows:
   • Valid passport that is valid minimum for six months after intended departure.
   • Passport style pictures.
   • Previously secured DS-160 Form Confirmation printout.
   • Interview Appointment confirmation letter.
   • I-797 USCIS Approval Notice
   • Proof of payment of the Machine Readable Visa (MRC) fee.
   • A copy of the work contract to include terms of the employment agreement.
   • An expert advisory opinion from someone with expertise the applicant’s field or from a peer group or a labor/management organization in the field.
   • A document noting the intended events and the activities therein, including start/end dates, as well as an associated itinerary.
   • A copy of the work contract to include terms of the employment agreement.
   • All evidence to establish and prove extraordinary abilities / achievements. 
     
     
6. The final step is attending the interview at the specified US Embassy/Consulate where all above noted documents will be presented.

The visa processing time for an O-1 visa can range from 2 weeks to 3 months. Standard USCIS processing time is approximately 3 months. The processing fee for regular processing is $460 USD. However, Premium Processing is available for O-1 visas. Premium Processing currently costs $2,500 USD (please note that processing fees can change and should be confirmed at time of application). With Premium Processing a determination will be provided in 15 calendar days.