Understanding the O-1 Visa

Introduction 

In 2024, the US Department of State issued around 19,457 O-1 Visas

Do you want to travel, stay, and work in the US on a non-immigrant work visa that has no annual cap, no annual lottery, dual intent, and indefinite extensions? If yes, the O-1 Visa might just solve all your immigration needs. 

The O-1 visa is often associated with persons having “extraordinary abilities”. But what is an extraordinary ability? In this blog, we will clear all your doubts and answer all your questions about the O1 non-immigrant work visa, what the eligibility is, how you can apply, what the processing time is, and how you can use the O-1 work visa to eventually get a green card and immigrate to the US. 

What Is An O1 Visa? 

An O-1 visa, for individuals with extraordinary ability or achievement, is a non-immigrant work visa for a foreigner with extraordinary abilities in science, education, business, athletics, or art, or extraordinary achievement in the motion picture or television industry.

The O-1 visa can further be classified into two sub-categories:

• O-1A: Individuals with extraordinary ability in business, science, education, or athletics
• O-1B: Individuals with extraordinary ability in the arts or major achievements in TV, motion picture, or film industry. 

What Are The Eligibility Criteria To Get An O-1 Visa?

A fun fact about the O-1 visa is that it is also often called a celebrity visa, as popular stars such as Ryan Reynolds, Justin Bieber, David Beckham, and Rihanna have used it. This has led to a misconception that the O1 visa is only for celebrities or popular stars; however, qualifying for an O-1 visa is easier than you think. 

To be eligible for an O-1 visa, you have to demonstrate extraordinary ability. Right about now, you may be asking, How do I explain that I have an extraordinary ability? To do this, you must present evidence to support your claim. 

The type of evidence differs from field to field. For example, while a scientist can show evidence of a groundbreaking discovery or extensive citation of his research work, an entrepreneur can show evidence of a successful IPO. 

Understanding the type of evidence you require for your particular field can help you apply for an O-1 visa successfully. 

Typically, for any O-1A visa, you would need to show that you are among the top few percent of professionals in your field of study/industry and wish to enter and work in the US in that same industry. Your extraordinary ability can be sustained by national or international acclaim. 

O-1A

Entrepreneurs, Businessmen, and Founders of Startups

• Awards or recognition for business acumen: Global Excellence Awards and Forbes 30 under 30 awards for entrepreneurs. Even grants by angel investors and venture capital funds can sometimes count as an “award” or recognition for business acumen, as long as you attach the right evidence.
• Membership in prestigious Associations: This can include exclusive business chambers and trade associations.  
• Employed as a key managerial person: If you are a key managerial person, playing a critical role in a well-known organization, or commanding a high salary.  
• Significant business accomplishments: You can attach proof of a major round of funding for your startup, a successful IPO and listing of shares, or even significant mergers and acquisitions. 
• Published articles and major press/media coverage: Includes published articles in trade journals or coverage in widely circulated trade publications such as the New York Times. 
• Speech at major industry events and conferences: If you are invited to speak as an expert in your field at any major industry event, you may attach evidence of the same. 
• Evidence of participation in a panel or as a judge in the business field. 

Sciences

• Prestigious, nationally and internationally recognized award: If you have received such an award, you may be eligible for an O-1A visa. Examples include the Nobel Prize, Pulitzer, etc.  
• Significant contributions in the field of science that have a significant and notable impact on the overall advancement of the field. For illustration, discovering something previously unknown or disproving a notable work
• Being the registered author/owner of a patent/industrial design, original scientific work
• Being a member of an exclusive science organization or academy, presently or in the past. An example of this could be a fellowship in a renowned organization/institution.
• Invitation as a recognized expert in the field of science to present research at a notable conference. 
• Being the author of groundbreaking research publications in nationally/internationally acclaimed journals and notable peer-reviewed journals
• Prior evidence of commanding a high salary or a contract showing that the person will command a high salary after arriving in the US. Examples would include a STEM researcher coming to work in a private company in the US on a high salary. 

Education

• National/international recognition of skills/achievement in the educational field through an award or grant. Examples include the UNESCO-Hamdan Prize for Teacher Development, the Fulbright Distinguished Awards in Teaching Program for International Teachers, etc. 
• Have substantial research contributions in the educational field and an overall impact on the field itself. This can be evidenced through grants, publications in acclaimed journals, etc. 
• Membership in an exclusive body/organization based on exceptional educational achievement.
• Invitation as a recognized expert in the field of education to a notable conference/event.
• Evidence of exceptionally high teaching ability. Examples of this can be teaching awards, consistently high student evaluations, etc.
• Evidence of participating as a judge or on a panel to evaluate the work of another education professional. 

Athletics

To qualify for having exceptional ability in athletics, you can be a player as well as a coach. Generally, the USCIS looks at these eligibility criteria:

• Being an important part of a successful team, such as a captain or a coach.
• Being a member of exclusive athletic organizations or teams based on your exceptional skills, achievements, or abilities.  
• Getting internationally acclaimed awards or recognition in sports. This can include being inducted into a sports hall of fame.
• Participating and representing in international competitions such as the Olympics, Commonwealth Games, and other world events etc. 
• Significantly contributing to the athletics field, such as being recognized for developing a new training technique. 
• Evidence of high salary, high-paying sports contract, etc. 

O-1B Visa

The O-1B visa is specifically for the fields of arts, motion pictures, television, etc. This is usually the visa that is applied for by television celebrities planning to stay and work in the US

Arts

• Commercial success in the field
• Commanding a high salary above market standards 
• Published work that is highly acclaimed by critics and other experts. 
• Having a critical or leading role in the arts field in a notable and highly acclaimed organization. 
• Having received awards or national/international recognition in the arts field. 

Motion Picture

• Having received awards or nominations for national/international recognition in this field, such as an Oscar, Grammy, Emmy, Director’s Guild award, etc.
• Evidence of past or future performance as a critical or lead part in any distinguished motion picture production. 
• International recognition and distinguished reputation are evidenced by advertisements, contracts, critic reviews, brand deals, endorsements, etc. 
• Proof of commanding a high salary or substantial remuneration. 
• Record of major commercial or critically acclaimed successes in the field of television and motion picture, such as box office receipts or movie/show ratings, etc. 

What Are The Advantages of Getting An O-1 Visa? 

There are several advantages why you should go for an O-1 Visa, such as:

• No annual limit: Unlike other work visas, the O-1 non-immigrant work visa does not have an annual cap on the maximum number of visas that can be issued.
• No lottery system: As there is no cap, you don’t have to take part in a lottery to get an O-1 visa. 
• Premium Processing: You can opt for premium processing by paying an additional fee to get your O-1 visa much faster. 
• Indefinite Stay: Your O-1 visa is initially granted for three years. However, you can apply for stay extensions in one-year increments multiple times, giving you an indefinite right to stay and work in the US.  
• Dual Intent: Some non-immigrant visas are single-intent. This means they are only for non-immigration purposes, and you have to show strong ties to your home country and ensure that you are not planning to immigrate. With an O-1 visa, you have a dual intent, which makes it easier for you to apply for a green card if you later want to immigrate to the US. 
• Multiple O-1 visas: At the same time, you can hold various O-1 visas as long as you meet the eligibility criteria. Suppose you are an actor who has an O-1B visa. If you want to launch a startup or join a business, you can get an O-1A visa as well. This further protects your stay in the US. 

Is An O-1 Visa Better Than An H-1B Visa?

Yes, an O-1 visa is considerably better than an H-1B visa. An O-1 visa doesn’t have an annual cap, can be extended indefinitely, and has no lottery. Also, as an O-1 visa holder, you can work for multiple employers at the same time, and there is also no minimum education requirement or prevailing age limit. These factors make an O-1 visa better than an H-1B visa in 2025. 

Do You Need A Sponsor For An O-1 Visa? 

Usually, you need a sponsor or a US-based employer who will be filing Form I-129, Petition for Alien Worker, with the USCIS, and you cannot sponsor yourself for an O-1 Visa. Along with showing that you have extraordinary skills, abilities, and achievements in your field, you also have to attach evidence that a qualifying US company is willing and able to put your skills and abilities to use. 

Generally, even if you have extraordinary skills and abilities, you cannot travel to the US on the belief that you will find work after you reach the US. There is an exception to this rule. If you are an entrepreneur or have a business, you can use your company/enterprise to sponsor your O-1 visa. As an entrepreneur, you would have to show contracts with clients and a detailed business plan or timeline of business events that shows you have worked in the US. 

How To Apply For An O-1 Visa?

You may have to remember different things while applying for an O-1 visa. A US-based company or employer must sponsor your visa and file an I-129 petition on your behalf. Remember, an I-129 cannot be submitted more than six months before the expected start date of your job in the US.

What Are The Documents Required To File I-129? 

The main eligibility requirement of I-129 is proving that you have extraordinary abilities or achievements in your field, and you must attach supporting documents to your I-129 to do so. 

Employment Verification Letter 

You would have to attach an advisory letter or a consultation letter with your I-129 petition, which must state that you have extraordinary ability in your field. This letter can be written by a group of your peers, such as a labor union, an association,/or a management organization, etc. In case you don’t have a group of peers, you can also ask an industry expert in your field to attest and verify that you have extraordinary abilities.

You can also seek an exemption from this requirement of submitting the advisory letter if:

• There is no peer organization from which you can get an advisory letter to attest to your extraordinary skills/abilities. 
• You entered the US once in the past two years before filing your present O-1 visa application using an advisory letter. 

In case you are not aware of which peer group and/or management organization you can approach for an advisory letter, the USCIS regularly updates a list of US-based organizations that issue advisory/consultation letters.

Employment Contract:

You also have to provide a copy of your employment contract or a written account of the oral agreement with a US-based qualifying employer, along with a short description of the activities/work you will do, the start and end date of the work, and a copy of the timeline/itinerary (if available). Also, remember that the employment contract for the job should be in the field in which you show you have extraordinary ability.

What Is The Acceptable Evidence For Your O-1 Visa? 

O-1A

If you are applying for an O-1A visa, you would have to submit evidence from any three of the following eight categories:

• Evidence that you have either commanded a high salary or will command a high salary or other remuneration for the services in your field.
• Documentation that you have received nationally or internationally recognized prizes or awards for excellence in your field.
• Documentation that you are or have been a member of an association in your field, which requires outstanding achievements of its members. 
• Proof that you have published material in professional or major trade publications or major media related to your field. 
• Record of you being a part of a panel, or individually, as a judge of the work of others in the same or an allied field.
• Record of your original scientific, scholarly, or business-related contributions of major significance in your field.
• Documents providing your authorship of scholarly articles in professional journals or other major media. The articles must be from your chosen field. 
• Proof that you have been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation. 

O-1B

If you are applying for an O-1B visa, you would have to submit evidence from any three of the following six categories:

• Documents proving that you have performed or will perform services as a lead or starring participant in productions or events that have a distinguished reputation.
• Proof that you have commanded a high salary or will command a high salary or other substantial remuneration for services as compared to others in your field.
• Evidence that you have a record of major commercial or critically acclaimed successes.
• Proof of receiving significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in your field.
• Evidence that you have achieved national or international recognition for achievements in your field.
• Evidence that you have performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation.

Want to apply for an O-1 Visa? Consult an expert I-129 Immigration Attorney Today!

What Is The Processing Time Of An O-1 Visa? 

According to the current USCIS processing times, if you are applying for an O-1 visa in 2025, your I-129 petition may take 2-4 months to process. However, this time can increase or decrease depending on the USCIS service center you filed your petition with and its backlog. 

The processing time also varies month by month. You can consult an expert immigration lawyer to figure out which center has the fastest processing time for I-129 for the particular month you are filing.

Premium Processing

If you are in a rush and want to get your I-129 processed faster, you can opt for Premium Processing by filing Form I-907. While you may have to spend a bit more on premium processing, the time that it will take the USCIS to process your I-129 will be reduced significantly. Overall, it’s best to consult an expert immigration lawyer to help you decide if premium processing is the way to go. 

How Much Does It Cost To Get An O-1 Visa? 

In 2025, the USCIS filing fee for an O-1 visa is around $1055. However, you do not have to worry. Typically, your sponsor, who might be your employer, pays this fee. Sometimes, O-1 visa holders apply and work in non-profits or smaller employers. In this case, the USCIS reduces the filing fee for an O-1 visa to $530. 

Other than this, during the O-1 visa process, you may have to pay for:

1. Preparing documents (including translation if any of your documents are not in English)
2. Travel to the US 
3. Medical Exam
4. Other miscellaneous expenditures

How Can You Get A Green Card From An O-1 Visa? 

Holding an O-1 visa will not directly make you eligible to apply for a green card. However, as an O-1 visa is a dual-intent visa, you can apply for a green card to become a lawful permanent resident in the US through any other employment-based or family-based immigration method. An example of this is that you marry a U.S. citizen or a lawful permanent resident. 

Conclusion 

In 2024, the US State Department denied 1,212 O1 visa applications

Filing for an O-1 visa in 2025 can be a great decision. You would have to present evidence that you have extraordinary ability or achievement in your chosen field. While your application can be processed in 2-4 months, depending on the service center, you can go for premium processing to expedite the process. 

To get the full benefits of an O-1 work visa, you should get the assistance of an expert immigration attorney to avoid mistakes and prevent unnecessary delays and denials in your O-1 visa process.

How FileRight Can Help

FileRight is a leading immigration software company that offers you a complete application package to start your O-1 process. Here’s why you should choose FileRight to be your partner in getting an O-1 Visa:

1. Making the O-1 Visa Process Easy: With our personalized filing instructions and step-by-step supporting document instructions, we ensure that your O-1 process is not complicated. 
2. Preventing Errors or Mistakes: You are not an expert in immigration law, and despite your best efforts, you can make a mistake. However, you can hire an expert. FileRight’s online software walks you through each step of the application process, making sure nothing gets missed. 
3. Accuracy: Our immigration lawyers create personalized filing instructions based on the answers you provide to our immigration software, which increases the accuracy of your application. 

Before starting the process, you can take a free online eligibility quiz to find out if you meet the requirements to get an O-1 visa. FileRight also offers its services at a fraction of the cost of physical law firms, ensuring you don’t spend unnecessarily.

Start your O-1 visa process today by booking a consultation with FileRight’s experienced attorneys!