O-1 Visa: Individuals with Extraordinary Ability or Achievement

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Last updated: August 12, 2025.

By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney

What is an O-1 Visa?

O-1 visa is issued to foreign nationals who have “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or who has a demonstrated record of extraordinary achievement in the motion picture or television industry.”

There are 2 types of O-1 visas:

O-1A visa for individuals in business, science, arts, education, and athletics
O-1B visa for individuals of achievement in the motion picture and/or television productions

O-1 visa advantages

Unlike some other nonimmigrant employment visas, O-1 visa holders can enjoy the following benefits:

No prevailing wage requirement. This means that the US Department of Labor does not establish the minimum wage requirement for O-1 visa applicants (unlike H-1B visa)
No requirement that the applicant must be treated as a salaried employee
No annual cap
No time limit (O-1 visa can be extended indefinitely)
No lottery

O-1 visa requirements

O-1 visa requirements include:

Applicant is an individual of “extraordinary ability” or “extraordinary achievement” in the sciences, arts, education, business, athletics, motion picture or television industry
Employment/agency relationship between the petitioner (US employer or US agent) and the beneficiary (applicant)

Who Files the O-1 Visa Petition?

An O-1 visa petition is filed by the US employer or US agent. In O-1 visa petitions, the US employer/agent is referred to as “Petitioner” and the foreign national is referred to as “Beneficiary”. Foreign nationals cannot self-petition an O-1 visa application. Self-petitions include EB-1A visa for extraordinary individuals and EB-2 National Interest Waiver.

O-1 Visa Application Process

To apply for an O-1 visa, take the following steps:

Step 1. File Form I-129, Petition for a Nonimmigrant Worker, with USCIS. This petition is filed by the US employer/agent. Completed application must include the supporting evidence (see the checklist below).

For beneficiaries located in the U.S., Form I-129 petition can also serve as a change of status request. Beneficiaries located in the US can start working for the US employer/agent once USCIS approves Form I-129.
For beneficiaries located outside the U.S., move to Step 2.

Step 2. File Form DS-160, Online Nonimmigrant Visa Application, with the U.S. Department of State.

Beneficiaries will need to complete Form DS-160 online.
The next step is scheduling a visa interview appointment at the US Embassy/Consulate in the beneficiary’s home country. There’s a $205 visa fee per each applicant. Each US Embassy/Consulate has its own procedures for scheduling and attending the O-1 visa interviews.
Attend the visa interview at the US Embassy/Consulate, bring the required documents
Once your O-1 visa is stamped, enter the U.S. You will be issued an I-94 form that contains the period of your authorized stay.
Renew your O-1 status well in advance before the current I-94 expiration date. To extend your status, file Form I-129 with USCIS.

O-1 Visa Processing Time

O-1 visa processing time depends on three factors:

Whether applicant is located in the US or abroad
Whether a premium processing fee is paid
Interview appointment wait times at the US Embassy/Consulate in the applicant’s home country (only if the beneficiary is located outside the U.S.)

Typically, it can take anywhere from 1 month to 8 months to obtain an O-1 visa.

Step 1. Form I-129 processing times:

Regular	Premium processing
California Service Center – 6 months	15 business days
Vermont Service Center – 6 months	15 business days

Step 2. Interview appointment times (only if applicant is outside the US):

15 calendar days to 70 calendar days
Check the visa appointment times for each US consulate

Changing to O-1 status in the U.S.

If an applicant is already physically present in the U.S. in other lawful nonimmigrant status, Form I-129, Petition for a Nonimmigrant Worker, can also serve as a change of status request.

DO NOT file Form I-539, Application to Extend/Change Nonimmigrant Status, to request change of status to O-1.

O-1 Visa Fees

Form I-129 is eligible for premium processing. If a premium processing fee of $2,805 is paid, USCIS will process Form I-129 petition in 15 business days. Note: only Form I-129 is eligible for premium processing. If an applicant is located outside the U.S., Form DS-160 is not eligible for premium processing.

Typical O-1 visa fees include:

Form I-129 filing fee:
- $695 – $1,385, plus applicable fees
- $0 – $600 (Asylum Program Fee)
- $500 (Fraud Prevention and Detection fee)
- $4,500 (if employing 50 or more individuals in the U.S., and more than 50% of those employees are in H-1B, L-1A, or L-1B status)
Premium processing fee (optional): $2,805
DS-160 fee: $205 (if you are located outside the U.S.)
Labor consultation fees (varies)

O-1 Visa Validity

Initial O-1 visa will be approved for 3 years. There is no maximum period of stay in O-1 visa status. It means that an O-1 visa can be extended indefinitely.

O-1 Visa Renewal

O-1 visa can be extended in one-year increments. To renew the O-1 status, file Form I-129, Petition for a Nonimmigrant Worker, with USCIS well in advance before the current O-1 status expiration date. Form I-129 processing time can take up to 6 months. O-1 renewal application does not require a new labor consultation letter. Submit a written explanation outlining the extension necessity and the latest Form I-94.

O-1 Visa Automatic Employment Authorization Extension

If the O-1 visa extension application is filed before the expiration date of the current O-1 status, the employment authorization will be extended automatically for additional 240 days beyond the expiration date of the I-94.

O-1 Visa and Change of Employer

To change employers, file Form I-129, along with the supporting documentation with USCIS. The petition must be accompanied by the applicant’s proof of extraordinary ability, information about the new employer and details of the new position. Once Form I-129 is approved, the O-1 visa holder can start employment with the new U.S. employer.

O-1 Visa Checklist of Documents

Submit photocopies of the following documents with your O-1 visa application:

Form I-129, Petition for a Nonimmigrant Worker	Form I-129 must be completed by the sponsoring US employer or agent Use the most current Form I-129 edition available on the USCIS website O Supplement
Form I-129 filing fee	Check the most current Form I-129 filing fee on the USCIS website
Proof of US job offer	Employment contract with petitioning employer Letter of employment from petitioning employer Explanation of the nature of the events or activities in the U.S.: Beginning and ending dates for the events or activities Copy of any itinerary for the events or activities
Information about US employer	Brochures or other promotional materials about the company, its products, or services Prospectus or annual report Newspaper or magazine articles about company or its products or services.
Proof of applicant’s extraordinary ability	Resume or Curriculum Vitae; AND 6–10 Letters of Recommendation; AND Receipt of a major, internationally recognized award in the particular field; OR: d. At least three of the following forms of documentation: Evidence of receipt of lesser national or international prizes or awards for excellence in the field of endeavor (proven by actual award certificates, articles about the awards, or references to the award in letters of recommendations); Include the following as applicable: Criteria used to grant the award, as well as evidence of the significance of the award; The reputation of the organization granting the award and information on the judges/judging process; Previous winners of the award who held international acclaim at the time of receiving the award Evidence of membership in associations in the field of endeavor that require outstanding achievements of their members (proven by information about membership requirements for the organization, along with certificates and letters proving your membership); Include the following as applicable: Minimum requirements and criteria used to accept a person for membership; Number of members and the beneficiary’s ranking among the members (if applicable); The status of the association within the national or international community in the field of endeavor; Evidence of recognized national or international experts who make determinations about membership; Evidence of published material about the beneficiary and his work in professional journals, trade publications, or major media (proven by articles or photos of the applicant and/or the applicant’s work in major publications, such as newspapers or journals, or television productions); Include the following as applicable: All of the above forms of published material, including electronic media. To the extent possible, the material should include the title, date, author, and website (if electronic media); Information about the publication and its significance, including circulation, readership, frequency of publication, and awards received; Consider hiring a PR firm for a media push or publishing articles on the HuffPostBlog about you and your company; Articles that discuss the applicant and their business background and inspirations are much better than an article just about the company; Evidence of participation, either in a group or alone, as a judge of others in the same or a similar field (proven by correspondence requesting your work in a peer review capacity or reference letters that substantiate the claim); Include the following as applicable: Information identifying the criteria used to select judges; An explanation describing how and why the beneficiary received an invitation to be a judge; Serve as a judge for a pitch competition or a demo day; Ask your accelerator program to serve on a panel to review the next round of applicants or ask to serve as a judge at a pitch competition; Evidence of original scientific, scholarly, or business-related contributions of major significance in the field of endeavor (proven by letters from colleagues citing the achievement, etc. Please see below); Include the following as applicable: Copies of patents or patent applications (showing the beneficiary as author or coauthor); Support letters from peers, colleagues, advisors, investors, etc. explaining why your original contributions are novel and groundbreaking; Objective documentary evidence of the significance of the beneficiary’s contribution to the field; Documentary evidence indicating that people in the field of endeavor consider the beneficiary’s work important; Support letters from experts such as CEOs of distinguished organizations, etc., which describe in detail the beneficiary’s achievements and their major significance Evidence that the beneficiary’s contributions have provoked widespread public commentary and/or have been widely cited; Evidence of visitor traffic to the beneficiary’s website, including the number of individuals who purchased or downloaded the beneficiary’s products or applications; Evidence that the beneficiary’s work is being implemented by others, such as contracts with companies using the beneficiary’s products; Evidence of authorship of scholarly articles in the field, published in professional journals or major media (proven by copies of the actual articles); Include the following as applicable: Information about the publication and its significance, including impact factor. This may also include circulation information and frequency of publication; The number of citations to the beneficiary’s written work and the number of times the article has been accessed (if available); Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation (proven by reference letters or endorsements, articles, and information about the reputation of the organizations); Include the following as applicable: Letters from current or former employer(s) with specific details regarding your role and how it was critical or essential, with emphasis on the specific accomplishments, how the accomplishments are attributed to you and your role, and why these accomplishments are important; Documents showing the existence of the company; Documents showing the distinguished reputation of the company; Evidence that beneficiary has commanded or now commands a high salary or other substantial remuneration for services in relation to others in the field (proven by contracts, paystubs, W-2s, evidence of the beneficiary’s shares and the value of the shares, profits from the sale of a business the beneficiary started, evidence of other remuneration, letters from employers, or other reliable evidence); We typically use Department of Labor, Bureau of Labor Statistics, and Career One Stop salary information to show standard wages in the field, but it is helpful to also include other evidence such as compensation surveys or expert letters; We may use other forms of remuneration in addition to salary, including equity in-lieu-of-cash remuneration, stock options, deferred compensation, or profits from the sale of a business you started;
Applicant’s educational documents	Copies of all educational credentials (diplomas, transcripts, etc.)
Labor consultations	Written advisory opinion from a U.S. peer group in the area of the beneficiary’s ability
Applicant’s nonimmigrant status documentation (if applicant is in the US)	Complete copy of passport, including biographical page and any previous U.S. visas A copy of last USCIS I-797 approval notice (if applicable) Most Form I-94, copies of all DS-2019s, and Form I-20 forms (for F-1 or M-1 student), and EAD cards
Proof of relationship (if sponsoring dependents)	Marriage certificate (for spouses) Birth certificate (for unmarried children under 21)
English translation	Each document in foreign language must be translated to English

Can O-1 Visa Holders Apply for a Green Card?

O-1 visa is a nonimmigrant visa that does not directly lead to permanent residence (“green card”). However, an O-1 visa holder can consider their eligibility for the following immigrant (permanent) categories:

EB-1A visa for extraordinary individuals. This petition leads to permanent residence and does not require a US employer sponsorship. You can self-petition.
EB-2 National Interest Waiver. This category also leads to green card status and does not require a US employer. Applicants can self-petition.
EB-1C – this category is designed for multinational executives and managers
EB-2 – this is an employer-sponsored category that leads to green card

Dependents of O-1 Visa Holder

Dependents of O-1 visa holders (spouses and unmarried children under 21) are eligible to apply for O-3 visa. O-3 dependents can stay in the US for the same period as the main O-1 visa holder. O-3 dependents are not eligible for employment authorization.

O-1 Visa FAQs

What is a US O-1 visa?

O-1 visa is a temporary employment visa issued to foreign nationals with extraordinary abilities in the sciences, arts, education, business, athletics, motion picture or television industry.

Does an O-1 visa lead to a green card?

No, an O-1 visa does not lead to a green card. However, an O-1 visa holder can consider eligibility for the following permanent (“green card”) immigration categories:

EB-1A visa for extraordinary individuals
EB-2 National Interest Waiver
EB-1C visa for multinational executives and managers
EB-2 employer-sponsored category

Is an O-1 visa better than an H-1B?

Yes, an O-1 visa has a number of benefits compared to H-1B visa:

No prevailing wage requirement
No lottery selection
Indefinite extension (H-1Bs are authorized to stay for up to 6 years with some exceptions)
No annual cap

Can I work with an O-1 visa in the USA?

Yes, you can work in the US with an O-1 visa. However, your employment must comply with the O-1 status conditions, such as work with the authorized employer/agent and engaging in approved types of activities.

How long can you stay in the U.S. with an O-1 visa?

The initial O-1 visa is issued for 3 years. The extensions can be approved in one-year increments. As long as you continue to meet the O-1 status eligibility criteria, the extensions of status can be filed indefinitely.

Can I get a SSN with an O-1 visa?

Yes, you can apply for a Social Security Number (SSN) on an O-1 visa. Submit Form SS-5 to the Social Security Administration (SSA) office that issues first-time social security numbers. Learn more.

EB-1 Visa for Extraordinary Individuals