No Cap
No lottery or annual limit
3 Years
Initial validity period
15 Days
Premium processing
3 of 8
Criteria needed for O-1A

What Is the O-1 Extraordinary Ability Visa?

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The O-1 visa is for individuals who have risen to the very top of their field. Unlike the H-1B with its lottery and annual cap, the O-1 has no numerical limits. If you can demonstrate extraordinary ability through sustained national or international acclaim, you can obtain O-1 status regardless of your country of origin.

✅ O-1 Advantages: No annual cap or lottery. Available to citizens of any country. Initial 3-year period with unlimited 1-year extensions. Dual intent allowed (can pursue green card). Can be self-petitioned through your own US company.

What O-1 Offers

  • No lottery system
  • No annual numerical cap
  • Self-sponsorship via own company
  • Unlimited extensions
  • Path to EB-1A green card

Key Requirements

  • Sustained national/international acclaim
  • Top of your specific field
  • US employer or agent sponsor
  • Advisory opinion letter
  • Documentary evidence

O-1A vs O-1B: Two Pathways

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O-1A: Sciences, Business, Athletics

"Extraordinary ability" standard
  • Scientists, researchers, engineers
  • Entrepreneurs, executives
  • Athletes
  • Direct path to EB-1A green card
  • Must meet 3 of 8 criteria

O-1B: Arts, Film, Television

"Distinction" standard (lower bar)
  • Artists, musicians, performers
  • Directors, writers, producers
  • Designers, photographers
  • Slightly easier to qualify
  • Different evidence criteria
ℹ O-1B uses a "distinction" standard rather than "extraordinary ability" - a somewhat lower threshold, but you still need substantial evidence of prominence in your field.

Who Qualifies for O-1?

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The O-1 is not just for Nobel laureates. I have helped clients with strong but not globally famous achievements obtain O-1 status. The key is documenting sustained recognition in your specific field.

👨‍🔬
Scientists

Researchers, PhD holders, patent owners

💼
Founders

Startup founders, C-level executives

💻
Tech Leaders

Engineers, open-source contributors

🎨
Artists

Visual artists, designers, photographers

🎬
Film/TV

Directors, producers, writers, actors

🎵
Musicians

Recording artists, classical, DJs

⚽
Athletes

Professional, Olympic, national team

📚
Authors

Published authors, journalists, editors

O-1A Criteria: How to Qualify (Meet 3 of 8)

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You must provide evidence of a major, internationally recognized award (like a Nobel Prize), OR meet at least 3 of the following 8 criteria. Most applicants use the 8-criteria path.

1
Awards or Prizes

Nationally/internationally recognized awards for excellence

2
Membership

Associations requiring outstanding achievements

3
Published Material

Press coverage about you and your work

4
Judging Others

Peer review, grant committees, editorial boards

5
Original Contributions

Patents, algorithms, major research impact

6
Scholarly Articles

Published papers, books, conference proceedings

7
Critical Role

Essential capacity at distinguished organizations

8
High Salary

Top-percentile compensation in your field

⚠ Quality Over Quantity: Meeting 3 criteria is necessary but not sufficient. USCIS evaluates whether the totality of evidence demonstrates you have risen to the very top. Strong evidence in 3-4 criteria beats weak evidence across all 8.

O-1B Criteria for Arts Professionals

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Criterion Examples of Evidence
Lead/starring role Principal role in productions with distinguished reputation
Critical reviews Reviews in major newspapers, trade journals about your work
Prominent organizations Work for organizations with distinguished reputation
Commercial success Box office, ratings, album sales, streaming numbers
Recognition Testimonials, endorsements, awards from industry bodies
High salary Compensation data showing top-tier earnings

O-1 Application Process

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1
Evidence Gathering (2-4 weeks)

Identify criteria, collect articles, awards, letters from experts, employment records

2
Obtain Advisory Opinion

Written opinion from peer group, labor organization, or expert in the field

3
File Form I-129

Employer files with O classification supplement. Premium: $2,805 for 15-day processing

4
USCIS Adjudication

Review of evidence. May issue RFE (Request for Evidence) for clarification

5
Consular Processing or COS

Interview at US consulate if abroad, or change of status if already in US

💡 Self-Petition: Unlike H-1B, O-1 allows you to be petitioned by your own US company. Founders can form a US entity to sponsor their own O-1.

O-1 to Green Card: The EB-1A Pathway

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The O-1A criteria closely mirror the EB-1A extraordinary ability green card. If you qualify for O-1A, you likely have a strong case for EB-1A, which does not require employer sponsorship or PERM labor certification.

Factor O-1A Visa EB-1A Green Card
Status Temporary work visa Permanent residence
Criteria Meet 3 of 8 Meet 3 of 10 (similar)
Employer Required (can be own company) Self-petition allowed
Processing 15 days (premium) 4-12 months
✅ Dual Filing Strategy: Many clients file O-1 and EB-1A concurrently. O-1 provides immediate work authorization while EB-1A processes. O-1 approval also creates favorable precedent for the green card case.

Frequently Asked Questions

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How extraordinary do I need to be?

  • Not world-famous required
  • Top of your specific field
  • Narrow specialty counts
  • Documented achievements

Can startup founders get O-1?

  • Yes - many founders qualify
  • Funding = critical role
  • Press = published material
  • Expert letters help

What is the advisory opinion?

  • Written opinion from peers
  • Unions for arts/entertainment
  • Expert letters for business
  • USCIS considers but not bound

How long can I stay?

  • Initial: up to 3 years
  • Extensions: 1-year increments
  • No maximum stay limit
  • Consider green card path
⚠ Changing Employers: A new employer must file a new O-1 petition. Unlike H-1B, there is no portability - you cannot start working until the new petition is approved.