Employment-based immigration
O1 visa: a comprehensive guide for applicants
O1 visa is a non immigrant visa for those that have achieved extraordinary success in their field - business, arts, science, movies, music etc. You're required to meet 3 out of 8 O1 visa requirements to qualify and have a US based petitioner.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
8 min read • May 23, 2024
Key takeaways
The O1 visa is an extraordinary ability visa for individuals who have achieved recognition in their space. Could be in business, arts, science or any other field.
O1 visa requirements include proof of your extraordinary ability such as awards, membership in prestigious associations, and high compensation
O1 visa processing time is only 15 business days under premium processing to get a USCIS decision on your application
Going from an O1 visa to EB1 Green Card is another major benefit of an O1 visa which makes this visa type very attractive to our clients
If you’re looking for an O1 visa lawyer, our immigration attorneys have over 90% O1 visa approval rate and have filed over 1,000 successful O1 visa cases
The O1 visa is a type of work visa that is designed for individuals with extraordinary abilities or achievements. It allows people who have shown exceptional skill or expertise in areas such as the arts, sciences, business, education, athletics, or the motion picture and TV industry to temporarily work and live in the U.S. The O1 visa duration is for up to 3 years and can lead to permanent residency – yes, we’re talking about O1 visa to Green Card!
O1A visa vs O1B visa
Scientists, professors, researchers
Entrepreneurs and Founders
Athletes, sports professionals
Software engineers, data scientists and designers
Executives and managers
Medical professionals and doctors
Influencers and bloggers
Artists, actors, musicians, creators
Journalists, editors, TV hosts
The O1 visa category stands out as a solid path to immigration for a few reasons:
It’s flexible. There are a variety of professions you can be in to qualify for an O1 visa
No limits! There are no limits or caps to the number of O1 visas handed out by the USCIS
No lottery. Unlike H1B visa, there is no lottery process or annual caps
No U.S. Investment Required. While other visas might demand a financial commitment (looking at you, E2 visa), the O1 visa requirements don’t call for an investment
Stay as long as you want. So long as you continue working in your field, there is no limit to the amount of time you can spend in the U.S. per year. You can travel freely in and out!
Green Card Potential. Going from O1 visa to eb1 green card is a very viable path forward for many immigrants and a common case for our lawyers.
With all these O1 visa benefits, it's no wonder people from various professions apply for the O1 visa to turn their U.S. work dreams into a reality.
“More than 26,500 Extraordinary ability O1 visas were issued in 2023 alone by the USCIS with an average approval rate over 93%” - Reuters
Alright, let’s dive into everything about O1 visa eligibility. The O1 visa is designed for a range of professionals – from business people to scientists to educators – all intending to work in their specialized field in the U.S.
The general standard is that you have risen to the top of your field, which is assessed by meeting a specific set of O1 visa criteria. At a bare minimum, you should meet at least 3 of these O1 visa requirements to qualify – the more, the better.
Let's quickly go over the full list of O1 visa requirements that indicate you've really excelled in your line of work.
To qualify for the O1 visa, you will need to meet at least 3 of the 8 different O1 visa requirements. These include:
You’ve won some significant awards
You served in an important role for an important company
You’re a member of groups with high standards
You received press/media coverage for your work
You developed something new that makes a difference in your field
You’ve written things about your work that got published
You’ve been asked to judge other people in your field
You make more money than others who do what you do
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💡 Remember: The O-1 visa is flexible, but you should still be coming to the U.S. to work in your field of expertise, and not in an unrelated occupation.
Criteria 1: What awards count for the O1 visa requirements?
Wondering which awards to highlight in your O1 visa application? Simply put, a stellar award should be a bit of a challenge to snag and carry some serious prestige. Ideally, these accolades come from professional groups or institutions with crystal-clear criteria and healthy competition.
The bigger and more established the organization, the better. An award backed by a group of top-notch experts in your field or a government institution packs more punch than one from your own workplace.
Also, if winning your award involves scaling some high standards, that's a plus. The loftier the bar, the more it impresses USCIS. Awards open to everyone or up for grabs with a check, probably won't help.
Criteria 2: What is considered a Leading or Critical Role for the O1 Visa?
Another way to meet the O1 requirements is by showcasing moments when notable organizations tapped into your skills for impactful projects. To check this box, you’ll need to prove you've played a "leading or critical role" in an organization that's got a solid reputation.
When the USCIS looks at your case, they're into things like the size of your organization, how long it's been around, its customer base, media coverage, revenue, or any rankings (think, Inc 5000 or Forbes). Basically, the bigger and more well-known the organization, the better it is for your O1 visa eligibility.
A leading role means being in a leadership position, like "Chief Financial Officer," "VP of Marketing," or "Senior Professor." But it's not just about the fancy title – you've got to have a team you manage or a group of individuals under your wing within the organization.
A critical role means your contributions have left a significant impact on the organization – whether that’s increasing efficiency, or contributing to some serious cost savings.
What about applying for an O1 visa as a startup founder or employee?
An O1 visa for startup founders or employees can be tricky, since the company hasn’t had much time to build a reputation with the general public.
In this scenario, you can showcase your company's good reputation by leaning on the reputation of its backers. Show funding received from venture capitalists, angel investors, or reputable incubators like Y Combinator or 500 startups. The bigger the investments and the more well-known the backers, the better you can prove your company meets the O-1 visa criteria.
Criteria 3: What counts as a Membership in a group of high standards for the O1 Visa?
When it comes to the O1 visa requirement regarding memberships, it's crucial to recognize that not all memberships carry the same weight in determining O1 visa eligibility.
In essence, USCIS is looking for professional memberships that demand outstanding achievements for entry. Some memberships might be easily obtained through a subscription or a payment, or simply by having a certain level of experience. However, these won't cut it for the O-1 visa category.
To make the membership count, it needs to be exclusive and earned based on merit. It shouldn't be open to just anyone, and there should be a substantial level of peer review or expert assessment validating your talent for the membership.
Of course, we're not talking about just any group; it has to be directly tied to your line of work. Being on the Olympic fencing team won't do much for your O1 visa application as a scientist, for instance.
💡 Tip: Membership requirements can often be found on the organization’s website.
Criteria 4: Your work was previously covered by Press or Media
Maybe you’ve rocked a big concert that got some serious buzz, or unveiled a groundbreaking scientific discovery that made it to a trade magazine interview. Having any kind of media coverage like this about you and your work can be supportive for your O1 visa eligibility.
Let's break it down. To meet the O1 visa criteria for media and coverage:
The media should be in a professional or major media outlet;
The media should relate to your line of work
If you can prove your media or press coverage checks these two boxes, you're on the right track to ticking off another O1 visa requirement.
The best kind of media coverage to include in your O1 visa application is national or international publications that are popular in your field – not just some local news blip or niche outlet. USCIS is looking for outlets with a broad reach and top-notch content that experts turn to.
💡 Tip: Check the advertiser section of published media, which often provides circulation and distribution information. You can also use a site like similarweb.com to compare circulation.
Let’s take quick a look at some O1 visa examples of media coverage to get an idea of what would count, and what might not:
Qualifies
New York Times review mentioning your performance in a play
Article about your art show in a nationally-distributed art magazine
Interview about your music with the BBC
A popular social media star featured your accomplishments in a video with hundreds of thousands of views
Doesn’t qualify
Media produced or paid for by your organization (promotional media)
A review of your music album in a college newspaper
A mention from someone on social media without a significant following
Criteria 5: What are Original Contributions for the O1 Visa?
Another way you can meet the O1 visa requirements is by having innovated something new that is used by others, aka “original contribution.”
This is where you can showcase those brilliant ideas you came up with and tell USCIS more about how your work left a mark in your field. Some people – perhaps yourself included – have even rolled out a bunch of groundbreaking contributions over their career.
Let’s break down the two key elements to assess if your contribution qualifies for this O1 visa requirement:
Is your contribution original? (Did you come up with it?)
Is it significant? (Has it left a lasting mark on your field?)
As long as your contribution meets these two requirements, it may count towards your O1 visa eligibility.
Criteria 6: What are Scholarly Materials for the O1 Visa?
One of the easiest and clearest ways to show your O1 visa eligibility is by submitting a scholarly article that you have published. Now, when we talk scholarly, think of articles with footnotes, endnotes, or a bibliography. It might also use graphs, charts, videos, or pictures to illustrate concepts. These articles are usually fairly technical.
But here's an important thing to note – if you've got articles from the non-academic realm, like a trade magazine or an industry website, they can also qualify for this O-1 visa requirement. Just make sure these pieces are geared towards the experts in your field, who are looking for high quality information.
Now, the articles that might not count would include things you’ve written that are just for the general public, or that just scratch the surface of a topic. USCIS is looking for material that goes in-depth into a subject and provides valuable insight.
Oh, and a heads-up – it has to link back to your work. So, if you're a researcher who wrote a scholarly article about art history, it might not help your O1 visa application.
Not sure if you have written something that counts? Reach out to Manifest Law, and our O1 visa lawyers will use their expertise gained from working on hundreds of O1 visa cases to help you understand if your published material qualifies.
Criteria 7: What is Judging the Work of Others for the O1 Visa?
Criteria 8: What are the O1 salary requirements?
Another way you can show O1 visa eligibility is by proving that your salary is much higher than others doing similar work. Pulling in significantly more cash not only validates your expertise but also helps show your reputation in the field.
For the O1 salary requirements, USCIS will take a look at how much money you made (or will make), and then will compare it to industry data. They're not just looking at your role but also factoring in your location. For example, if you can show that you are one of the highest paid people doing your work in your country, even though others make more in different countries, you could still meet the O1 visa high salary requirements.
💡 Tip: When using compensation earned outside of the U.S., be sure to confirm the currency and make any conversions to make the analysis clear.
High salary related to O1 visa for startup founders
Now, what about the O1 salary requirements for startup founders where traditional salaries aren’t really the standard? We know that some startups base their compensation on equity. In this case, you would need to show that the equity you have is very high compared to others in similar startups.
Additionally, confirmation of significant funding from different sources (emails, contracts) can help to show high compensation. Documentation confirming the value of equity (shareholder agreements, contracts, share value information, etc.) could also be applicable here.
If you’re not sure whether you can qualify, or what documents you’d need to have, reach out to Manifest Law and our expert O1 visa lawyers will guide you through the process.
Now that we’ve covered the O1A visa, let’s take a look at the O1B visa (aka O1B artist visa). There are technically two kinds of O1B visas:
O1B (Arts), which covers the traditional art fields including design, photography, and dance
O1B (Motion Pictures and Television or “MPTV”), which is for people with achievements in the motion picture and television industry
Both are O1B visas – it just depends on which one aligns more closely with your line of work.
To qualify for the O1B visa, you will need to meet at least 3 of the 6 different O1B visa requirements (unless you can show a major achievement like an Emmy or a Director’s Guild Award).
You played a leading role in an important event
You received press or media coverage for your work
You served in an important role for an important organization
You have had commercial success in the performing arts
You have won some significant awards
You make more than others who do what you do
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Some of these criteria, like awards, media coverage, and a high salary, were already covered in the O1-A visa section above. Let's zero in on the unique requirements of the O1-B visa category.
For the O1B artist visa, you’ll need to show that you have played (or will play) an important or leading role in a significant event or production. A leading role is defined as a leading or starring role in a production or event, not just a supporting character. One thing they look at is whether your role is highlighted in advertisements, publicity, or reviews. Now, when it comes to events, we're talking about performances, exhibitions, lectures, or workshops held at A-list spots like Carnegie Hall, the Metropolitan Opera, or the Louvre. To show the event was "prestigious," you can use documentation such as press releases, invitation cards, catalogs, ads, and sometimes online mentions.
One of key requirements for the O1B artist visa is to prove the prior commercial or critical success of your work. This comes down to two major factors – prior good reviews of your work and compensation that you have received for it.
Now, we get it – mastering your craft in the arts is a journey that often spans years before the applause and recognition start rolling in. However, to meet this O1B visa requirement, you should be able to show that you’re already commercially successful with your work, in that people have paid money to see or experience it. You can include box office receipts, album or book chart rankings, or articles in the media to prove it. To show that you’ve received critical acclaim, you can include any media or press received, or even awards, rankings, and other public recognition.
Take our intuitive O1 visa guide and see if you would meet the O1 visa requirements
Still not sure if you've got the O1 visa requirements covered? No problem – Manifest has your back. Our team of seasoned O1 visa lawyers can analyze all your evidence and offer you a thorough visa eligibility assessment. The best part? No need to make any commitments to file for a visa just yet.
Alright, you've pinpointed the right O1 visa category, whether it's O1-A or O1-B, and you've checked off those criteria on the list (got at least 3, right?). What's the next move?
To kick off the O1 visa process, we need to gather up all the evidence that shows you meet the O1 visa requirement, along with some forms and letters explaining your case. Then where to? Straight to U.S. Immigration (USCIS).
Many of our clients opt to transition from an O1 visa to a Green Card, and the most straightforward route is to apply for an Eb1A Green Card. When comparing the requirements for both visas, you'll notice they are quite similar, as both necessitate an extraordinary ability and letters of recommendation. However, the Eb1 visa standards are notably higher, leading to greater scrutiny from USCIS. For instance, an accolade sufficient for your O1 visa may not meet the criteria for an Eb1 visa.
Our attorneys have guided numerous individuals through the O1 to Green Card transition and can pinpoint areas for improvement in your application, along with identifying where additional evidence is needed. With dedication and patience, you can compile a robust package to enhance the chances of your Green Card approval.
Visa type
Green Card
Duration
Requires a petitioner
Difficulty
Processing time
Lawyer fees
O1 visa
Non-immigrant
No
2 or 3 years
Yes
Easier
15 business days
from $7,500
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Under standard process, it takes about 2 months after submitting an O1 visa application to get a USCIS decision and approximately 15 days to get a decision under premium o1 visa processing.
If you’re outside of the US, you’ll also need to set up an appointment at a consulate to get the visa stamp in your passport before you can travel. The timing for this will depend on where you apply, since different locations have different appointment availability.
O1 cases are currently eligible for Premium Processing. For an additional USCIS filing fee of $2,500 (heads up: this fee is set to increase to $2,850 soon!), you will receive a decision on the I-129 petition within 15 business days. A decision could be an approval, a denial, or a request for additional evidence.
The Form I-129
Form I-129 form is filled by a US based immigration employer that is willing to petition for you to receive a US based visa.
You can download form i-129 here for free.
Or see an example of form i-129 below:
Finally, let’s talk about the money side of securing an O1 visa. There are two fees associated with your O1 visa application: 1) O1 visa lawyer fees, 2) Government fees and other costs.
O1 Visa Lawyer Fees
Not sure If you qualify for an O1 visa?
Reach out to get an evaluation the strength of your case.
O1 filing fees
Below is a summary of the current government filing fees for the O1 visa (note that all fees are subject to change).
Form I-129
(“ Petition for Nonimmigrant Worker”)
Form I-907,
Premium Processing Fee (optional)
DOS Visa Fee
(when getting visa stamp abroad)
Filing Fee: $460
$2,805
$205
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Do I need an O1 visa lawyer?
Since O1 visa applications can be complex and involve a lot of documentation, many people find it helpful to work with a lawyer.
Having an immigration attorney by your side can make a massive difference in your O1 visa approval rate. They understand the O1 visa process and can help you by collecting all the right documents, reference letters, and evidence. Challenges? They've got it covered. Confused by O1 visa criteria? A good immigration lawyer will explain it without legal jargon. Making sure you meet the O1 visa requirements? They're on it. While it’s not required, having a lawyer often makes the application process easier and increases your chances of success.
If you choose to hire Manifest Law, we provide flexible payment plans of up to 6 months, a visa-approved or money-back guarantee (terms apply), and experienced O1 visa lawyers with thousands of cases.
What is O1 visa success rate?
What is the average O1 visa processing time?
Is O-1 visa dual intent?
How do I go from an O1 visa to a Green Card?
What is the O1 visa cost if I work with Manifest?
Can I bring my spouse or children with me when I am on an O1 visa?
Is there O1 visa premium processing?
