O-1 Visa: Extraordinary Ability Visa

The O1 visa for individuals with extraordinary abilities is a great option for those who have special talents in art, music, motion picture or television industries, performance art, science, education, business, or athletics. It is typically granted in three year increments, and can be extended indefinitely.

What is an O1 Extraordinary AbilityVisa?

The O-1 extraordinary ability visa is an non-immigrant visa used by extraordinary and talented artists, musicians, actors, directors, screenwriters, make-up artists, tattoo artists, set designers, photographers, choreographers, entrepreneurs, educators, athletes, scientists, and engineers to bring their talent to the United States. The O-1 visa allows for the talent to temporarily work in the United States.

To qualify for the O-1 Visa, an individual must demonstrate a record of “extraordinary achievement.” Xu Law Group works with talent agents, movie producers, record labels, model agencies, accelerators, and startups in applying for O-1 Visa for extraordinary talents.

There are Two Types of O1 VISA, O1A and O1B:

The O-1 visa is also known as the "Extraordinary Ability Visa." This Visa is designed for people with exceptional skills in science, education, business, or athletics, and arts, including performing arts.

There are two types of O-1 VISA, O-1A and O-1B.

1. O-1A visa is for individuals who has extraordinary ability in the sciences, education, business, or athletics.

2. O-1B visa (artist visa) is for individuals who has demonstrated a record of extraordinary achievements in the arts or motion picture or television industry and has been recognized nationally or internationally for those achievements.

O1 Visa Eligibility Criteria:

If you have won a major, internationally recognized award like Nobel Prize, Oscar’s, Emmy, Grammy, Director’s Guild Award, the Pulitzer Prize or their equivalents, you are immediately eligible for O-1.

The majority of O-1 applicants will not have such achievements under their belt. Fortunately, there are ways to get an O-1 VISA as long as you meet 3 of the following O-1 Visa criteria:

1.      You’ve received national or international recognition, either through major internationally recognized award or prizes in your field

2.      You are a member of a prestigious association in your field

3.      There are major media coverage or major trade publications about your achievements in the field of endeavor

4.      You have made original scientific, scholarly, or business-related contributions of major significance in your field

5.      You have written and published scholarly articles in professional journals or major media in your field

6.      You command a higher salary compared to your peers in the same field

7.      You’ve served as a judge in a contest evaluating others’ work in your field

8.      You have served in a critical role or critical and essential capacity employee of a prestigious organization in your field

If you still don’t meet 3 of these criteria, don’t despair. You may still be able to prove your O-1 extraordinary ability visa qualification by submitting other reliable evidence establishing that you will have a positive impact on the economy, you’ve enjoyed commercial success in your field, or that your work has been displayed, exhibited, and showcased.

You've received national or international recognition, through major internationally recognized award, or internationally recognized prizes in your field;

You are a member of a prestigious association in your field;

There are major media coverage or major trade publications about your achievements in your field

You have made original scientific, scholarly, or business-related contributions of major significance in your field

You have written and published scholarly articles in professional journals or major media in your field;

   You command a higher salary compared to your peers in the same field;

  You've served as a judge in a contest evaluating others' work in your field

You can demonstrate critical employment or demonstrate being a critical or essential capacity employee of a prestigious organization in your field;

How to Apply for O1 Visa:

In order to apply for the O-1 Visa, applicants typically work with a sponsoring employer or agent to file form I-129 and supporting evidence. It is worth emphasizing that working with a good immigration attorney to craft your supporting evidence is a critical component of O-1 Visa success. Your attorney will guide you through obtaining solid detailed recommendation letters from people at the top of your field. They will draft a convincing petition letter that highlights your past achievements and puts you in a good position to obtain the O-1 status.  

Your attorney will then file the I-129 form and any supporting evidence to the USCIS. Premium processing is available for O-1 visa for an additional fee. Once your petition is approved, the O-1 worker may begin working in the US.

O1 Visa Processing Time:

Premium processing is available for expedited O-1 approvals within 2 weeks.

Normally, USCIS will take 3 to 6 months to adjudicate the petition.

O1 Visa Advantages:

No renewal limits. The O-1 visa is typically valid for the duration of the contracted work or performance, up to three years. Unlike the H-1b visa, there are no limits on the number of extensions that can be filed, making this an attractive option for workers who wish to eventually adjust their status to green card.

Multiple employers. You may work for multiple employers on an Agent based O-1 visa. However, your visa must reflect the contractual relationship between you and the employers.

O1 Visa Cost and Fees:

• Attorney Fees

  Attorney fees for preparing O1 entrepreneur visa ranges between $8,000 to $12,000 at a prestigious firm. This fee will cover the following:

  • Strategy and guidance throughout the O1 visa application process to make your case as strong as possible;

  • Drafting the comprehensive attorney letter presenting your eligibility as an extraordinary ability individual;

  • Researching and assembling all supporting materials to make a compelling case;

  • Preparation of all requisition forms and fees;

  • Assistance with drafting recommendation letters;

• Government Filing Fees

  • $460 for O1 I-129

  • $2,500 for premium processing (optional 15 days processing)

Does O1 Visa Lead to a Green Card?

O-1 Visa to Green Card Pathways:

• EB-1 Extraordinary Ability Green Card

The most desirable green card option for O-1 visa holders is the EB-1 green card due to its priority date always being current and the option to self-petition (no sponsor required).

• EB-2 National Interest Waiver

Another option is the national interest waiver EB-2 green card option, which waives the labor certification requirement for an EB-2 worker, saving lots of time and effort.

Ask an Experienced O1 Visa Lawyer for Help:

We have O-1 visa business lawyers on staff to help extraordinary entrepreneurs, and O-1 artist visa lawyers for designers and musicians to obtain the O-1 visa. Get in touch with us today by booking an appointment using the link below.  

Questions? Talk to an O-1 Visa lawyer.

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