O-1 Visa 2024: Everything You Need to Know

The O-1 visa is a great pathway for high performing individuals wanting to further their career in the United States. In this article we will do a deep dive on everything you need to know about the O-1 visa including requirements, application steps and estimated costs.

What is an O-1 Visa? 

The O1 visa is a nonimmigrant visa for individuals and entrepreneurs with extraordinary abilities in science, business, art, education, athletics, or the motion picture and television industry. The visa is valid for up to 3 years however, the length of your visa could vary based on the length of the project or event.

Unlike the H-1B visa, a great advantage to the O-1 visa is that it allows for unlimited extensions, requires no labor condition application and is not subject to an annual cap. The O-1 visa also permits dual intent, meaning O-1 visa holders can apply for permanent residency (a green card) without jeopardizing their O-1 status.

Spouses and unmarried children under the age of 21 of O-1 visa holders can apply for the O-3 visa which allows them to stay in the U.S. but not work.

The O-1 Visa has two subcategories: 

O-1 Visa Requirements and Eligibility

The O1 visa recognizes exceptional talent in various fields. The evidence needed to prove "extraordinary ability" varies by profession. Whether you're a pioneering scientist or elite athlete, understanding the specific criteria for your field is crucial. Knowing these requirements helps you craft a strong application that showcases your unique skills and achievements effectively.

Business and Entrepreneurship (O-1A) 

1. Evidence of significant business accomplishments eg. leading a start-up to secure major funding, generating high revenues, achieving rapid company growth, orchestrating a successful IPO, or overseeing a major acquisition.
2. Awards or recognition for business acumen eg. industry accolades, entrepreneurship awards, or being featured on prestigious lists like "30 under 30" or "Top Entrepreneurs.”
3. Membership in exclusive organizations focused on entrepreneurship.
4. Published articles or media features that showcase innovative business strategies or unique approaches.
5. Invitations to speak at leading industry conferences or events as an acknowledged expert in the field.
6. Hold a pivotal leadership position, any critical player crucial to the success of the company, most commonly a CEO or executive manager. 

Science, Education, and Athletics (O-1A) 

Science

1. Prestigious awards such as the Nobel Prize, Fields Medal, or other highly recognized national or international honors.
2. Authorship of pioneering research papers in top-tier, peer-reviewed journals.
3. Notable contributions that have significantly advanced the field.
4. Holding patents for original scientific discoveries or innovations.
5. Invitations to present research at prestigious conferences or symposia as an acknowledged expert.
6. Membership in prestigious scientific organizations or academies that require exceptional achievements for induction.

Education

1. Significant evidence of exceptional teaching ability eg. consistently high student evaluations, teaching awards, or innovative instructional methods.
2. Significant research contributions and impact within the educational field, demonstrated by publications, grants, or citations.
3. Awards or Media recognition ie. national or international acclaim for excellence in teaching or research. 
4. Membership in elite organizations that require exceptional educational achievements for admission.
5. Invitations to speak at prominent educational conferences or events as a recognized authority in the field.

Athlete

1. Participation and notable success in elite competitions, such as winning Olympic medals, World Championship titles, or setting world records.
2. Recipient of internationally recognized awards or accolades in the sport eg. named “Athlete of the Year” or admitted into a sports hall of fame. 
3. Evidence of significant contributions to athletics, such as developing new training methods or innovating sports equipment.
4. Membership in elite athletic organizations or teams that require exceptional performance for inclusion.
5. Serving in a crucial role, such as team captain or coach, for a highly successful team or organization.

Arts

Arts

1. Major international awards and critical acclaim.
2. Leading roles or key positions in prestigious productions or events.
3. Positive reviews and endorsements from critics or experts.
4. Significant commercial success in the industry.
5. Earning a high salary compared to peers in the field.

Motion Picture, Television (MPTV)

1. Prestigious awards or nominations, such as the Academy Award or Emmy.
2. Leading or critical roles in acclaimed productions.
3. Evidence of commercial success related to the individual's work.
4. Recognition from critics, experts, or industry leaders for significant achievements.

How to Apply for an O-1 Visa: Required Documents 

All documents must be submitted by a U.S. employer or agent (or a U.S. agent for a foreign employer). To ensure timely processing, the form should be filed at least 45 days before the job starts, but no more than six months before the intended start date.

Prepare and Submit the following: 

1. Form I-29 
2. Advisory Letter: written by an organization of peers such as a labor field or management organization. The petitioner may bypass the advisory letter requirement if no peer organization exists. 
3. Employment Contract Including: 

• Evidence that the beneficiary will be employed in a position aligned with their "area of extraordinary ability."
• A description of the activities
• Start and end dates for the activities in question
• Copy of the itinerary for the events

4. Evidence 

• Acceptable Evidence for an O-1A visa include 3 of the following: 
  • Documents proving that the beneficiary is a part of a relevant organization requiring its members to have a record of outstanding achievement
  • Evidence showing the beneficiary has received a nationally or internationally recognized award in their field
  • Proof that the beneficiary has been employed by a highly-esteemed organization and that their role was significant or essential in some way
  • Documentary evidence of the beneficiary’s specific contributions to the field
  • Proof that the beneficiary has written professional or scholarly work published in trade publications, major media, or journals
  • Evidence that the beneficiary has been paid significant sums of money for performing duties in their field
  • Articles or other published work regarding the beneficiary’s particular influence on their field — must include author, date, and title of the published piece
  • Proof that the beneficiary has been on a panel of experts judging the work of others in their field
• Acceptable Evidence for an O-1B visa include 3 of the following: 
  • Testimonial from other experts or agencies in the field attesting to the beneficiary’s reputation
  • Proof demonstrating that the beneficiary has a history of taking on “lead, starring, or critical” roles for highly reputed organizations
  • Proof — such as box office receipts, title, ratings, or published material — demonstrating the beneficiary’s “major commercial or critically acclaimed successes”
  • Documentary evidence — such as reviews, articles, or testimonials published in major publications — showing that the beneficiary has a national or international reputation for being extraordinary in their field
  • Evidence that the beneficiary has been paid large quantities of money to perform relevant services
  • Advertisements, reviews, publicity releases, endorsements, contracts, or publications showing that the beneficiary has participated (and will participate) as a star or leading figure in major “productions or events”

How long does it take to process the O-1 Visa? 

You can check your O-1 Visa case processing time here.

How much does the O-1 Visa cost? 

FAQ