O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O-1 nonimmigrant visa is for the individual who possesses

extraordinary ability in the sciences, arts, education, business, or
athletics, or who has a demonstrated record of extraordinary
achievement in the motion picture or television industry and has
been recognized nationally or internationally for those achievements.
For more information, see USCIS Policy Manual Volume 2, Part M.

● O-1A: Individuals with an extraordinary ability in the sciences,

education, business, or athletics (not including the arts, motion
pictures or television industry);

Application Process for an O-1 Visa

A U.S. employer, U.S. agent, or foreign employer through a U.S. agent
should file (see Form I-129, Petition for Nonimmigrant Worker) on
your behalf, along with the required evidence according to the form
instructions.
Your employer or agent cannot file the petition more than one year
before they actually need your services. To avoid delays, your
employer or agent should file your Form I-129 at least 45 days before
the date of employment.
In addition to Form I-129, the petitioner must submit the
documentary evidence discussed below:
Consultation
The Petitioner must provide a written advisory opinion from a peer
group (including labor organizations) or a person with expertise in
the beneficiary’s area of ability.
Contract between petitioner and beneficiary
The Petitioner must submit a copy of any written contract between
you and the petitioner or a summary of the terms of the oral
agreement under which you will be employed.
Itineraries
The petitioner must provide an explanation of the nature of the
events or activities, the beginning and ending dates for the events or
activities, and a copy of any itinerary for the events or activities, if
applicable. The petitioner must establish that there are events or
activities in your field of extraordinary ability for the validity period
requested such as an itinerary for a tour or a series of events.
Evidence demonstrating O-1 Eligibility
The petitioner must provide evidence demonstrating your
extraordinary ability in the sciences, arts, business, education, or
athletics, or extraordinary achievement in the motion picture
industry. The record must include at least three different types of
documentation corresponding to those listed in the regulations, or
comparable evidence in certain circumstance.
The regulations define “extraordinary ability” as applied to the O-1
classification as follows:

● In the field of science, education, business, or athletics: a level

of expertise indicating that the person is one of the small
percentage who have arisen to the very top of the field of
endeavor.

Initial Extension of Stay

Period of
Stay
Up to three We will determine the time you need to accomplish
years the initial event or activity in increments, up to one
year.

As an O nonimmigrant, you may be admitted to the United States for

the validity period of the petition, plus a period of up to 10 days
before the validity period begins and 10 days after the validity period
ends. You are only authorized to work during the validity period of
the petition.
Return Transportation

If your employer terminates your employment for reasons other than

your voluntary resignation, they must pay for the reasonable cost of
return transportation to your last place of residence before entering
the United States. If an agent filed the petition for the employer, the
agent and the employer are equally responsible for paying these
costs.