If you possess extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in the motion picture or television industry, you may qualify for an O-1 nonimmigrant visa to work temporarily in the United States. The O-1 is a temporary work visa and must be filed by a U.S. employer or agent on your behalf.
Do I Qualify?
Extraordinary Ability Or Acclaim
Sustained acclaim through extraordinary ability or achievement in your field.
Sponsorship
A U.S. employer or agent must file the petition on your behalf.
Intent to Continue Work
You must be coming temporarily to continue work in your field.
Documents to Gather
Consultation Letter
A written advisory opinion from a peer group, labor organization, or expert in your field.
Contract Or Summary Of Terms
A copy of your written contract with the petitioner, or a summary of the terms of your employment.
Itinerary Of Events Or Activities
An explanation of the events or activities you'll be engaged in, including start and end dates.
Evidence Of Extraordinary Ability Or Achievement
At least three different types of documentation demonstrating your extraordinary ability or achievement, per USCIS's regulatory criteria.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
The process of pursuing an O-1 visa can be complex and evidence-intensive. Moving forward starts with an initial consultation.
Obtain A Peer Advisory Opinion
A written advisory opinion is obtained from an appropriate peer group, labor organization, or expert in your field, as required by USCIS.
File Form I-129 With USCIS
Your employer or agent files Form I-129. Filing generally occurs within one year of the employment start date, ideally at least 45 days in advance to avoid delays.
Visa Application (If Applicable)
If you are outside the U.S., you apply for your visa at a U.S. embassy or consulate once the petition is approved.
Entry And Period Of Stay
If approved, you may be admitted for the validity period of your petition. You are only authorized to work during the validity period.
Complex Case Factors
Immigration Violations
Prior unlawful presence or visa violations may affect eligibility or require review.
Field-Specific Evidence Challenges
Some fields are harder to document under these criteria than others.
Agent Petitioners
Cases involving agents instead of direct employers often require additional documentation.
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