How to Obtain and Qualify for an O-1 Extraordinary Ability or Achievement Visa

Qualifying and obtaining a O-1, O-2, or O-3 Visa is a complex and fact specific process and the information below is a general overview. Please consult with an attorney at Theta Law Firm with your specific facts. An attorney is vital to help guide a potentially qualifying individual or group and their dependents through the process of obtaining a O-1, O-2, or O-3 Visa in a timely fashion that will not disrupt or interfere with an event or business. There is also significant overlap between an O Visa and a P Visa, consulting with an attorney at Theta Law Firm will let you compare the two and determine which Visa is right for you.

Is the O-1 Visa for me?

The O-1 classification allows an individual having residence in a foreign country to come to the United States temporarily to perform services for an employer or sponsor. An O-1 classification encompasses the following major categories[1]:

1. An individual coming to the United States who has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who is coming to continue work in this area of extraordinary ability; or
2. An individual who has demonstrated extraordinary achievement in television or film and is coming to the United States to continue work in this area of extraordinary achievement.

The statute goes on to define "extraordinary ability" as: having a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field.[2]

"Extraordinary achievement" is defined as: having a very high level of accomplishment in the motion picture or television industry as seen by skill and recognition that rises above that which is ordinarily encountered in the industry.[3]

Requirements for O-1 Visa Filing

In order to obtain O-1 classification for an individual with an extraordinary ability in the sciences, arts, education, business, athletics, film, or television, a United States employer, a United States sponsoring organization, a United States agent, or a foreign employer through a United States agent must meet certain requirements and present evidence of such when filing an I-129 Petition for Nonimmigrant Worker.

Note that if the person attempting to obtain O-1 classification will work for more than one employer at the same time, each employer must file a separate petition. The I-129 Petition MUST be submitted with all other below listed documentation in order to apply for O-1 classification.[4]

The following documentation is necessary:

For An Individual With Extraordinary Ability in Science, Education, Business or Athletics:[5]

1. Copies of any written contracts between the individual attempting to gain entry and the employee or sponsor, or if only an oral agreement exists, the terms of such an agreement; and
2. An explanation of the events or activities to be performed, including the dates of the events or activities, the locations, and a copy of any itinerary if one exists; and
3. A written advisory opinion from a labor organization, management organization, or peer group (one would be advised to provide the consulting organization with a copy of the Visa petition before filing in order to expedite the process and to make sure a positive advisory opinion will be able to be provided in a timely fashion by the organization, it should also be noted that labor organizations are held in the highest regard during this advisory process); and
4. Proof of having received a major, international award such as a Nobel Prize OR in the alternative at least three of the following forms of documentation:


• Evidence of the individual having received a nationally recognized prize or award for excellence in the field the person is working;
• Evidence of the individual being a member of associations in the field for which employment is sought, which requires their members to have outstanding achievement as judged by experts in their disciplines;
• Evidence of published material in professional or major trade publications or other media about the individual seeking Visa classification relating to work in the field for which classification is sought;
• Evidence of the individual seeking Visa classification having participated on a panel or as a judge where the work of others in the field or specialization is being presented;
• Evidence of the original scientific, scholarly, or business-related contributions made by the Visa seeking individual;
• Evidence of the individual having authored scholarly articles in the field whether in professional journals or other media;
• Evidence of the individual having been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
• Evidence that the individual has gotten a high salary or will get a high salary in a particular field based on contracts or other reliable evidence.

The following documentation is necessary:

For an Individual with Extraordinary Ability in the Arts or Extraordinary Achievement in Film or Television [6]:

1. Copies of any written contracts between the individual attempting to gain entry and the employee or sponsor, or if only an oral agreement exists, the terms of such an agreement; and
2. An explanation of the events or activities to be performed, including the dates of the events or activities, the locations, and a copy of any itinerary if one exists; and
3. A written advisory opinion from a labor organization, management organization, or peer group (one would be advised to provide the consulting organization with a copy of the Visa petition before filing in order to expedite the process and to make sure a positive advisory opinion will be able to be provided in a timely manner by the organization, it should also be noted that labor organizations are held in the highest regard during this advisory process); and
4. Evidence of the individual seeking the Visa having been nominated for or receiving a major national or international award or prize in the particular field seeking admittance for (examples could include an Academy Award, an Emmy, or a Grammy) OR in the alternative the individual must submit at least three of the following forms of documentation:


• Evidence that the individual has performed and will perform as a lead or starring participant in productions or events which have a strong reputation as based on critical reviews, advertisements, publicity releases, etc.; or
• Evidence that the individual has achieved national or international recognition for achievements as proven by critical reviews or other published media by or about the individual; or
• Evidence that the individual has performed and will perform in a lead, starring, or critical role for organizations and establishments with a distinguished reputation; or
• Evidence that the individual has a record of major commercial or critical successes as shown by rating, standing in the field, box office receipts, etc.; or
• Evidence that the individual has received recognition for achievements from organizations, critics, government agencies, or experts in the field; or
• Evidence that the individual has garnered or will garner a high salary for services as compared to others in similar positions (based on contracts or other evidence).

There are a few limited exceptions to some of the requirements. For example, a written advisory opinion consultation may be waived if an individual already obtained such a consultation within two years and is seeking readmission to perform similar services. Consult with an attorney at Theta Law Firm for a full analysis of your particular situation and whether you may be eligible for the limited exceptions.

Change of Employment

If, while already in the United States an O-1 Visa holder wants to change employers or sponsors, the new employer or sponsor must file a new petition application and request to extend the petitioners stay. The petitioner cannot work or perform while this new petition is pending (there is a very limited exception for a traded athlete).

Length of Stay

Individuals that qualify under the O-1 Visa provisions are allowed an initial stay of up to three years. A determination will be made to identify the time necessary to complete the event or activity and grants of stay will be allowed in one year increments. The individual on behalf of whom the employer, sponsor, or authorized agent is seeking a petition may be admitted ten days before the Visa officially becomes valid and may be allowed to stay for ten days after the official validity of the Visa has expired.

Extensions of stay based on the continuance of the event or activity that the individual originally was allowed to enter the United States for, must be accompanied by the following:

a. Form I-129, Petition for Nonimmigrant Worker;
b. A copy of Form I-94, Arrival/Departure Record from the individual seeking the extension;
c. A statement from the individual seeking the extension explaining the reasons for the extension.

Family of O-1 Qualifying Applicants

A spouse and any children under the age of 21 may accompany a O-1 Visa applicant so long as they obtain O-3 status. However, neither the spouse nor the child can work while accompanying a O-1 Visa applicant. Even so, any dependants can attend school or college.
If the O-1 Visa holder requests to extend his/her stay, the spouse and any children under the age of 21 may also request to extend their stay. In order to do so, they must file Form I-539, Application to Extend/Change Nonimmigrant Status and other supporting documentation. Please consult with an attorney at Theta Law Firm to guide you through this process if this is a circumstance you are facing, because timeliness is essential.

Essential Support Alien (O-2 Visa Petition)[7]

There is an additional provision in the O-1 Visa statute, granting O-2 Visa status to personnel that are highly skilled, essential persons determined to be an integral part of the performance or event of the O-1 Visa applicant (examples could be manager, producer, coach, or specific trainer). In the case of film or television, a person applying for O-2 status must have skills and experience with the O-1 applicant that are not of a general nature and are critical to the work.

A separate I-129 form must be filed by an employer or sponsor on behalf of such support personnel. The following must be included as evidence accompanying the form:

1. Consultation from a labor organization with expertise in the support personnels skill area;
2. A statement describing the support personnel's essentiality, skills, and experience with the O-1 Visa individual they are accompanying;
3. A copy of any written contract or summary of the terms of any oral agreement between the essential support personnel and the employer.

An essential support alien that qualifies under these provisions is subject to the same stay as an O-1 Visa applicant, including the same period of admission and the same limitations. Family members of an O-2 applicant are also eligible to be allowed into the United States with the same admission provisions and limitations as family members of O-1 applicants.

If you do not specifically fit into the O visa category, or want to see if there is a different visa possibility, feel free to contact Theta Law Firm in order to determine if another visa may be right for you.


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[1] 8 C.F.R. § 214.2(o)(1)(ii)(A)(1).
[2] 8 C.F.R. § 214.2(o).
[3] 8 C.F.R. § 214.2(o).
[4] Form I-129, Petition for a Nonimmigrant Worker may be found at: http://www.uscis.gov/sites/default/files/files/form/i-129.pdf.
[5] Requirements are set out in 8 C.F.R. § 214.2(o).
[6] Requirements are set out in 8 C.F.R. § 214.2(o).
[7] Requirements are set out in 8 C.F.R. § 214.2(o).



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