by Akua Hanson-Kabu, Esq.
Learn how to qualify and apply for the O-1 visa with guidance from an experienced immigration Attorney. Ideal for artists, scientists, researchers, and entrepreneurs. If you’re an individual with extraordinary ability, this visa category might be the one for you.
What is the O-1 Visa?
According to the USCIS Policy Manual, the O-1 visa is a non-immigrant work visa for individuals who have extraordinary ability or achievement in their field such as sciences, arts, education, business, or athletics.
O-1 Visa can be broken down into two sub-categories: O-1A and O-1B
Before diving into the logistics, it is important to discuss what exactly “Extraordinary Ability” is.
What Does it Mean to have Extraordinary Ability?
It means you’ve risen to the very top of your field. This can be demonstrated through national or international acclaim
If you’re applying for an O-1 visa, you need to show that you’re truly exceptional at what you do, basically, one of the best in your field. This could mean you’ve received major recognition either nationally or internationally, or you’ve built a strong record of accomplishments, especially if you work in film or TV.
If your work is in science, education, business, or sports, “extraordinary ability” means you’re among the top few people in your field, someone who really stands out. USCIS, the agency that handles visa applications, looks closely at your experience, awards, and overall impact, and they have special guidelines for how they review applications, especially for people working in STEM fields.
How to Determine if You are Eligible for the O-1A?
To qualify for an O-1A visa, a person must:
- Be truly outstanding in their field—whether it’s science, education, business, or athletics—and have a history of national or international recognition.
- Have plenty of proof to back up their achievements, like awards, media coverage, publications, or letters from experts.
- Be coming to the U.S. to keep working in the same field where they’ve shown their talent, even if the specific job they’re doing doesn’t require someone at their level.
How to Determine if You are Eligible for the O-1B?
To qualify for an O-1B visa in the arts, a person must:
- Be recognized as an exceptionally talented artist, with a strong reputation either nationally or internationally.
- Have solid proof of their achievements—like press coverage, awards, top roles, or expert endorsements.
- Be coming to the U.S. to work in their area of artistic talent, even if the job itself doesn’t require someone with such a high level of skill.
Criteria to Demonstrate Extraordinary Ability for O-1A
You can prove this through either:
1. A major, internationally recognized award (like a Nobel Prize), OR
2. At least 3 of the following:
- National or international awards for excellence
- Membership in associations that require outstanding achievements
- Published material about you in major media or trade publications
- Judging the work of others in your field
- Significant original contributions to your field
- Authorship of scholarly articles
- High salary or compensation compared to others in your field
- Working in a critical or essential role at a distinguished organization
Criteria to Demonstrate Extraordinary Ability for O-1A
O-1B (Arts) – You must show extraordinary ability, meaning distinction or being well-known in your field.
O-1B (Film/TV) – You must show a record of extraordinary achievement, which is a higher standard, similar to O-1A.
For both versions, you can qualify either by showing:
1. A major national or international award (like an Oscar, Emmy, or Grammy), OR
2. At least 3 of the following:
- Lead role in productions with distinguished reputations
- National or international recognition (press, reviews, interviews)
- Lead or critical role for a highly regarded organization
- Major commercial or critically acclaimed successes
- Significant recognition from experts in the field
- High salary compared to others in the field
Can I Self-sponsor for O-1?
No, the O-1 cannot be self-petitioned.
Who Can Sponsor for O-1 Visa?
- U.S. Employer – Most commonly, a company or organization in the U.S. that wants to hire the person files the petition.
- U.S. Agent – If the person will be working for multiple employers (like a musician on tour or a freelance artist), a U.S. agent can act as the petitioner.
- Foreign Employer through a U.S. Agent – A foreign company can also sponsor someone, but they must work through a U.S. agent.
How Long is O-1 Visa Valid For?
The O-1 visa is granted for up to 3 years, depending on how long the job, project, or event lasts.
Can the O-1 Visa be Extended?
Is there a Limit on How Many Times the O-1 Can be extended?
There’s no hard limit on how many extensions you can get, as long as you continue working in your field of extraordinary ability.
O-1 Visa Benefits
- Bring Your Family – You can bring your spouse and children (under 21) on O-3 visas. While they can’t work, they can attend school or college.
- Dual Intent – O-1 visa holders can apply for a green card while on the visa without violating their status—no need to prove permanent intent to leave.
- Work for Multiple Employers – You can work on multiple projects or for multiple employers if they are all listed in the petition or if you have a U.S. agent filing on your behalf.
Think You Might Qualify for an O-1 Visa?
If you have exceptional talent and a proven track record in your field, you may be eligible for the O-1 visa. Let Radiant Law help you take the next step toward working in the U.S.
Schedule a consultation today to see if the O-1 is right for you.
