O-1 O-1 Visa: Individuals with Extraordinary Ability or Achievement

At a Glance

Item	Details
Visa name	O-1 extraordinary ability visa
Related classifications	O-1A, O-1B, O-2, O-3
Initial stay	Up to three years
Extensions	Up to one-year increments
Cost	Set by DOS; amount unstated
Eligibility timing	File up to one year early
Recommended filing	At least 45 days early
Work rights	Only during petition validity
Study	O-3 may study full- or part-time
Medicare	Not stated in the source
Travel facility	Up to 10 days before/after
Citizenship	Not stated in the source
Family sponsorship	Spouse and under-21 children
Visa record	I-94 required for extensions
Self-petitioning	Not permitted

---

Purpose

The O-1 nonimmigrant visa is for people temporarily coming to the United States to continue work in their area of extraordinary ability or achievement.

Classifications include:

• O-1A: Extraordinary ability in sciences, education, business, or athletics.
• O-1B: Extraordinary ability in the arts, or extraordinary achievement in motion picture or television.
• O-2: Essential support personnel accompanying an O-1 artist or athlete.
• O-3: Spouses and unmarried children under 21 of O-1 or O-2 holders.

Eligibility

O-1A

You must show sustained national or international acclaim and expertise placing you among the small percentage at the very top of your field.

O-1B: Arts

You must show distinction: a high level of achievement, skill, and recognition substantially above that ordinarily encountered. You must be prominent, renowned, leading, or well known in the arts.

O-1B: Motion Picture or Television

You must show extraordinary achievement, with skill and recognition significantly above that ordinarily encountered. You must be recognized as outstanding, notable, or leading in the field.

O-2

You must accompany an O-1 artist or athlete and provide essential support.

For most O-2 cases, you must show:

• You are an integral part of the O-1 holder’s performance;
• You have critical, non-general skills and experience with the O-1 holder; and
• Your services cannot be readily performed by a U.S. worker.

For motion picture or television productions, you must show your continued participation is essential because of a longstanding working relationship or production occurring inside and outside the United States.

Application Process

A U.S. employer, U.S. agent, or foreign employer through a U.S. agent must file Form I-129, Petition for a Nonimmigrant Worker.

You cannot self-petition.

The petitioner:

• Cannot file more than one year before services are needed;
• Should file at least 45 days before employment begins; and
• Must submit required supporting evidence with Form I-129.

After USCIS approves the petition, you may apply for a visa at a U.S. Embassy or Consulate. DOS establishes visa application processing and issuance fees.

Required Evidence for O-1

The petition generally must include:

• Consultation: Written advisory opinion from an appropriate peer group, labor organization, or expert;
• Contract: Written contract or summary of an oral agreement;
• Itinerary: Nature of events, dates, and itinerary where applicable;
• Eligibility evidence: At least three different regulatory evidence types, or comparable evidence in certain circumstances; and
• Work plans: Evidence of events or activities during the requested validity period.

For motion picture or television O-1 petitions, the consultation must come from an appropriate labor union and a management organization with relevant expertise.

Consultation Exceptions

USCIS may decide without a consultation if the petitioner shows no appropriate peer group or labor organization exists.

USCIS may waive consultation for an arts beneficiary seeking readmission for similar services within two years of a prior consultation. The petitioner must submit a waiver request and the prior consultation.

Consultation documents with watermarks or authenticity markings should be submitted in their marked version. Missing or illegible markings may cause delays or requests for originals.

O-2 Evidence

The O-2 petitioner must submit:

• A required consultation from the appropriate labor organization;
• Evidence of the beneficiary’s essentiality, critical skills, and experience with the O-1 holder; and
• Evidence of substantial experience providing the relevant support services.

For motion picture or television productions, the evidence must show significant production occurred outside the United States and will occur inside the United States, and that the O-2 beneficiary’s participation is essential.

O-1 and O-2 beneficiaries must each have a separate Form I-129.

Agents and Multiple Employers

A U.S. agent may act as:

• The actual employer;
• The representative of the beneficiary and employer; or
• An authorized representative of an employer.

An agent petitioning as the employer must provide the agreement with the beneficiary, including the wage offered and employment terms. There is no stated prevailing-wage requirement or required wage structure.

Where work occurs in multiple locations, an itinerary must identify the work, locations, and dates.

Where an agent represents a beneficiary and multiple employers, the petition must include contracts with the employers and a complete itinerary listing:

• Dates of each engagement;
• Actual employers’ names and addresses; and
• Establishments, venues, or work locations.

A foreign employer owned wholly or partly by the beneficiary may use a U.S. agent to file. The employment cannot be speculative.

Stay and Travel

The initial O period of stay may be granted for up to three years.

Extensions to continue or complete the same event or activity may be granted in increments of up to one year.

You may be admitted for the petition validity period, plus up to:

• 10 days before the validity period begins; and
• 10 days after the validity period ends.

You may work only during the petition validity period.

Extensions

To extend O status, the employer or agent must file:

• Form I-129;
• A copy of your Form I-94, Arrival/Departure Record; and
• A statement explaining why the extension is needed.

The statement should describe the originally approved event or activity and confirm that the extension is needed to continue or complete it.

O-3 spouses and children seeking an extension must file Form I-539, Application to Extend/Change Nonimmigrant Status with supporting documents.

Family Members

Your spouse and unmarried children under 21 may apply for O-3 status if accompanying you or following to join later.

O-3 family members:

• Receive the same admission period and limitations as the O-1 or O-2 holder;
• Cannot work in the United States in O-3 status; but
• May study full-time or part-time.

Changing Employers and Material Changes

If an O-1 worker changes employers, the new employer must file Form I-129.

If an agent filed the original petition, the new employer must file an amended petition showing it is the new employer and request an extension of stay.

An amended Form I-129 is required for a material change in employment terms, conditions, or eligibility, except for additional performances or engagements requiring extraordinary ability.

Additional performances or engagements may be added for an O-1 artist or entertainer during the petition validity period without an amended petition.

Professional Athletes

If an O-1 professional athlete is traded, employment authorization continues with the new team for 30 days.

The new team must file Form I-129 within those 30 days. A timely filing extends employment authorization until USCIS processes the petition. Authorization ends if no petition is filed within 30 days or if USCIS denies the petition.

Return Transportation

If the employer terminates employment for reasons other than voluntary resignation, the employer must pay reasonable return transportation costs to the beneficiary’s last residence before entering the United States.

If an agent filed for the employer, both the agent and employer are equally responsible for these costs.