How to Apply for O-1 Visa Extension
O1 visas are non-immigrant visas that allow highly skilled, extraordinary individuals to live and work temporarily in the U.S. To extend the O1 visa, follow this guide.
Summary of O-1 Extraordinary Ability Visa
The O-1 is a temporary, non-immigrant visa designed for extraordinary individuals with achievements in science, arts, business, education, or athletics to work in their field of expertise.
The visa is granted for up to three years initially, with the possibility of extensions. Applicants for the O-1 visa must demonstrate extraordinary ability through evidence of sustained national or international acclaim and recognition in their field. Applicants must also be sponsored by U.S. employers or agents.
These extraordinary individuals include artists, musicians, actors, directors, screenwriters, make-up artists, tattoo artists, set designers, photographers, choreographers, entrepreneurs, educators, athletes, scientists, and engineers, among others.
O-1 Duration of Stay
The duration of stay for O-1 visa holders in the United States is contingent upon their employment or projects. An O-1 visa is originally granted for a validity period of three years, and visa holders may request extensions for up to three additional years at a time.
Requirements of O-1 extension
To apply for an extension, O-1 visa holders need to meet the following qualifications:
The O-1 visa status remains valid
The O-1 visa holders’ passport is valid and will remain valid for the duration of stay
The O-1 visa holder has not violated the conditions of their admission or committed any crimes that make the applicant ineligible for a visa
Extension Documents Checklist
Printed evidence of achievements to prove at least three areas of extraordinary ability since the start of O-1 application
A copy of the ID page of the passport
Form I-129, Petition for a Nonimmigrant Worker
Form I-129 will be filed by an employer who is petitioning for the visa holder.
A copy of your Form I-94, Arrival/Departure Record; and
A statement explaining the reasons for the extension
At least one letter of recommendation form an expert in the field
Form I-539 for O3 dependent family and team members
When to File an O-1 Extension
Applicants should plan ahead for the petition and file an extension at least 45 days before the O1 expires. However, it is not advisable to apply for an extension too early, as this may raise suspicion with the USCIS that the applicant had planned to extend their stay from the outset, which could result in denial of the extension request. Therefore, we recommend that applicants spend at least three months in the U.S. before submitting an extension request.
O1 visa extension applicants have the option of utilizing premium processing. This service enables expedited processing within 15 calendar days, which may be a good choice for those whose O1 visa is about to expire soon.
Extension application fee
Form I-129 processing fee: $460
Premium processing fee: $2,500
FAQ:
Can my family and team members apply for an extension as well?
Yes. They need to apply their own extension and file form I-539
What’s next after extension approval?
You will receive a new I-94 with the updated date of expiration. You should keep both the original I-94 and the new I-94. You will need to submit both of them and then leave the state.
What if my extension is denied?
Unfortunately, USCIS does not have an appeal process for an O1 visa extension. You should immediately contact an immigration lawyer to explore additional options.