O-1 visa requirements are fairly straightforward but can be difficult to prove without a thorough understanding of this visa category. Moreover, O-1 visas come in two categories: O-1A and O-1B. The O-1A is for individuals with “extraordinary ability” in business, science, education, or athletics, while the O-1B is for those with “extraordinary ability” in the arts or “extraordinary achievement” in the motion picture or television industry. The U.S. government can grant an O-1 visa for an employment position, a single event, or a series of events. Eligible events include a scientific project, conference, convention, lecture series, tour, exhibit, business project, academic year, or engagement.

Both the O-1A and O-1B sub-categories allow visas for support staff and family members. The O-2 visa is for accompanying staff integral to the O-1 visa holder’s performance, while the O-3 visa is for the dependent spouse and children.

An O-1 visa defines “extraordinary ability” as the beneficiary being “one of the very small percentage who have risen to the very top of the field of endeavor.” This applies to fields like science, education, business, or athletics. Executives, scientists, athletes, physicians, entrepreneurs, and former athletes who have transitioned to coaching may qualify for an O-1A visa. To prove eligibility for the O-1A visa, the United States Citizenship and Immigration Services (USCIS) requires the beneficiary to hold a major internationally recognized award. Examples of such awards include a Nobel Prize, Olympic medal, or Laureus World Sports Award. If the beneficiary does not have such prestigious awards, they must have received a lesser-known, nationally or internationally recognized award and must have continuously contributed to their field.

The petitioner must submit evidence from at least two of the categories below to demonstrate the beneficiary’s “contribution to the field”:

1. Proof of membership in an exclusive organization within the field;
2. Participation as a panelist or judge in the field;
3. Mentions of the beneficiary’s published material in trade publications;
4. Written scholarly articles in professional journals or other major media within the field;
5. Evidence of commanding a high salary; and
6. Evidence of holding critical positions with esteemed organizations in the field.

“Extraordinary ability” for an O-1B visa in the arts means “distinction.” Distinction is “a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered.” Examples of occupations that may qualify include actors, musicians, fashion designers, set designers and lighting designers. Additionally, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, may qualify for an O-1B visa. Finally, the O-1B category includes musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.

For an O-1B visa in motion picture or TV production, the applicant must have a “demonstrated record of extraordinary achievement.” Film producers and directors are two examples of occupations in this field. An overlap exists between the arts and motion picture/TV production, with some occupations suitable for both fields. For an O-1B visa in the arts, motion picture or TV production, the applicant must either be nominated for or be the recipient of a significant international or national award or prize, such as the Pulitzer Prize, Grammy, Academy Award, Emmy or Director’s Guild Award OR have at least three of the following:

1. Lead a production of distinguished reputation;
2. Receive critical reviews in major newspapers or trade journals;
3. Lead an organization with a distinguished reputation;
4. Achieve major commercial or critically acclaimed successes;
5. Gain significant recognition from organizations, critics, government agencies, or other experts in the field; or
6. Command or will command a high salary.

All “O” categories need an advisory opinion from a consultative organization, such as a peer group, labor organization, and or management organization. The consultation letter should describe the O-1A or O-1B’s achievements. If no appropriate union exists, the authorities may waive the consultation.

O-1 visa employer requirements are stated in the Immigration and Nationality Act and must be met for an O-1 petition to be approved. An O-1 applicant cannot petition for himself or herself. A U.S employer or U.S. agent, must file the I-129 petition for an O-1 visa. U.S. agents file applications on behalf of American and foreign employers and O-1 beneficiaries who are self-employed.

The employer must be a legal entity with a valid employer identification number. A petitioner-agent must be “in the business” of being an agent. Evidence of this includes, fee arrangements, affidavits from other employers and beneficiaries who were represented by the agent, and agency contracts.

As evidence, the employer should submit written contracts between the petitioner and the beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the beneficiary will be employed. The employer should also include an explanation of the nature of the events or activities, the beginning and ending dates and a copy of any itinerary.

The employer cannot file more than one year before work starts but should file at a minimum 45 days before employment. An O-1 beneficiary may work at multiple locations and with multiple employers. The U.S. government grants an O-1 visa for three years or less, and it extends in 1-year increments for the same event. The beneficiary may enter 10 days before and 10 days after the visa’s validity but cannot work during this period. There is no limit on the number of years that person may spend in O-1 status.

An O-1 visa beneficiary may have dual intent. He or she is not required to maintain a foreign home residence, while in the U.S. An O-1 beneficiary who is in the U.S. in a different visa category may submit a change of status or can undergo consular processing, once the I-129 petition is approved. Dual intent allows the O-1 beneficiary to complete a green card process while in O-1 status. If the green card petition is denied, however, the O-1 beneficiary will have to leave the United States at the conclusion or termination of O-1 status.

O-1 visa to green card is the goal of many O-1 beneficiaries. There are three types of immigrant visas that are suitable for this purpose. The EB-1A green card is reserved for applicants of extraordinary ability in the sciences, arts, education, business or athletics. It does not require labor certification or evidence of an offer of employment. The criteria is similar to that of the O-1A but qualification is not automatic. Some O-1 to EB-1A and some petitions are denied, so it is best to consult an experienced immigration attorney to minimize the risk of this happening.

The EB-1B green card is for outstanding researchers and professors. Like the EB-1A, it does not require labor certification, but it does require an offer of employment. The EB-1B beneficiary must be internationally recognized as outstanding in their academic field and have at least three years of experience in teaching or research within that specific area. The beneficiary must be entering the U.S. for a tenured teaching position or a tenure-track position at a university or institution of higher education, a tertiary-level research position, or a comparable research position with a private employer. If the category is current, the petitioner can file an adjustment of status application along with the I-140 petition.

The EB-2 national interest waiver green card is for professionals with an advanced degree or exceptional ability in the sciences, arts, or business, who will substantially benefit the U.S. economy, culture, or educational interests. The “art” category includes athletes and entertainers. A master’s degree or higher qualifies as an advanced degree, while a bachelor’s degree plus five years of progressive experience in the field serves as an equivalent. The applicant must have a job offer, and labor certification is not required.

O-2 visa requirements share similarities with those of the O-1 visa. Both visas require a consultation letter from the appropriate organization describing the beneficiary’s skills and experience. The O-2 visa is for individuals who want to accompany or assist an O-1 artist or athlete. No O-2 visa exists for accompanying staff in business, education, or science fields. The O-2 beneficiary must possess skills that are essential to the O-1 beneficiary and must have prior experience working with the O-1. For motion picture or television productions, the O-2 applicant must have a pre-existing, longstanding relationship with the O-1.

An O-2 must be integral to the actual performance, possess critical skills that others cannot perform, and maintain a foreign residence they do not intend to abandon. The O-2 applicant cannot have dual intent. For O-2s accompanying O-1s in motion picture and television productions, the applicant must provide evidence of significant work production outside the U.S. and demonstrate that the O-2’s participation is critical to the production’s success.

The O-2’s work status and work authorization may be granted for the full duration of the O-1’s status.

O-3 visas are for minor unmarried children, under 21 years old and the spouse of a O-1 beneficiary. They may accompany the O-1 beneficiary or follow to join, within 1-year of the O-1 obtaining his or her visa. An O-3 dependent may not accept employment in the United States but may attend school.

O-1 visa costs can be divided into the following categories: I-129 petition fees, visa fees and attorney’s fees. The I-129 petition costs $715, with regular processing. Additionally, there is an Asylum Program fee that varies between $0 and $600.

It takes approximately three (3) months to process but this time can be shortened to 15 days if the petitioner requests premium processing and pays an additional $2,805. If the petition is approved, the applicant pays a $205 visa application fee to the Department of State. Attorney’s fees, for an experienced immigration attorney to assist with the process, begin at $6,000.

My name is Cheryl Fletcher. I am a U.S. immigration lawyer and the founder of Fletcher Law. As an immigration lawyer, I help families, professionals, investors, and entrepreneurs get visas, green cards, and United States citizenship.

After reading this article, you should have a better understanding of the O-1 visa requirements, the basics of qualifying for an O-1 visa and how long the process should take. If you would like a personal analysis of your situation, please feel free to contact us at 561-507-5772 or send us an email at: [email protected].