O-1 visa
The O-1 visa is a non-immigrant work visa designed for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who are nationally or internationally recognized for their extraordinary achievement in the motion picture or television industry. The visa is initially valid for up to three years and can be extended in one-year increments as long as the individual’s work in the U.S. continues. Unlike the H-1B visa, O-1 is not subject to a lottery cap, but it still requires a U.S. employer or agent sponsor.
In addition to the sponsor requirement, O-1 applicants must independently demonstrate their prominence and the criteria for demonstrated expertise and influence in their field.
O-1 Visa Categories
O-1A
For individuals with an extraordinary ability in the sciences, education, business, or athletics
O-1B
For individuals with an extraordinary abilityin the arts or extraordinary achievement in film or television (also known as the artist visa)
O-2
For essential personnel who accompany and assist an O-1 athlete or artist
O-3
For the spouse and unmarried children (under 21) of O-1 and O-2 visa holders
O-1 Eligibility Criteria
Applicants may qualify for an O-1 visa by providing proof of a major, internationally recognized award (such as a Nobel Prize, Oscar, or Pulitzer Prize) or by satisfying at least three of relevant criteria listed below:
O-1A Visa Criteria (Science, Education, Business, Athletics)
Applicants must meet at least three of the following:
1.Receipt of nationally or internationally recognized prizes or awards for excellence |
2.Membership in associations that require outstanding achievements from their members |
3.Published material about the applicant in professional or major trade publications or mainstream media |
4.Experience judging the work of others, either individually or on a panel |
5.Original contributions of major significance to the field |
6.Authorship of scholarly articles in professional journals or major media |
7.Employment in a leading or critical role at a distinguished organization |
8.Commanding a high salary or other significant compensation relative to others in the field |
O-1B Visa Criteria (Arts, Motion Picture, and Television)
Applicants must meet at least three of following six criteria:
1.Lead or starring roles in distinguished productions (e.g. major film, TV, orother performing art projects -- past or upcoming) |
2.National or international recognition as evidenced by published material in major newspapers, magazines, or trade journals |
3.Leading or critical roles at renowned organizations or institutions (including past and future roles) |
4.Record of commercial success in the performing arts(e.g. box office revenue, TV ratings, publication sales) |
5.Recognition from industry experts, professional associations, or government agencies |
6.High salary or other significant compensation relative to others in the field |
How Long Does the O-1 Application Process Take?
Preparing an O-1 petition ca take weeks toa few months, depending on the complexity of the case and the availability of supporting documents
USCIS’sstandard processing time for O-1 petitions is currently around half a year. However, O-1 applicants may choose Premium Processing by paying a $2,805 fee to receive a decision within 15 business days.
O-1 Application Fees
Form I-129 — Petition for a Nonimmigrant Worker |
$530-$1,055
|
Form I-907 — Request for Premium Processing (Optional) |
$2,805 |
The application fees are based on the official standards published by the U.S. Citizenship and Immigration Services (USCIS). The actual amount may vary due to adjustments in USCIS fees.