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O visas are meant for foreign nationals with extraordinary abilities in the fields of science, arts, education, athletics, business, television, and motion pictures. O visas are meant for temporary work and remain valid for a maximum of three years. However, O visa holders can receive an unlimited amount of extensions under certain circumstances. O visa holders may also bring family members to the United States, including spouses and children, through an O-3 dependent visa. Support staff can also come with an O-2 visa, although O-2 visas will not be focused on throughout this article.
O visas require a large amount of paperwork and a petition. The amount of documentation to prove the requirements of the visa is greater than that of H-1B visas. The petition can be filed up to a year before the requested start date with the United States Citizenship and Immigration Services (USCIS). The petition cannot be filed by the foreign national and must be filed by a qualifying entity. It is also suggested that the I-129 form, or, the Petition for a Nonimmigrant Worker, be filed a minimum of 45 days before the foreign national begins their job.
The foreign national must be coming to the United States in order to work in a field in which they have extraordinary abilities or achievements. Thus, the field of work must be identified and shown to be the field that the individual will continue to work in once they arrive in the United States.
There are different industries that fall under the O-1A and O-1B visa categories as well as specific requirements that come with them. To qualify for an O-1A visa, the foreign national must work in the field of athletics (this includes chess and competitive ballroom dancing), business, education, or science. The foreign national must have long-term national or international recognition and must plan on staying in the United States temporarily. To qualify for an O-1B visa, for extraordinary ability in the arts, the foreign national must work in the arts (including fine arts, visual arts, culinary arts, performing arts, and architecture), television production, or motion pictures. The foreign national must have a record of extraordinary achievement and must plan on staying in the United States temporarily. Here, extraordinary ability for the arts can be defined as distinction and can be proven by critical reviews, expert opinions, popularity, and more. However, the standards for O-1 individuals in the fields of business, athletics, education, or science are much higher than those in the field of art. Individuals who intend to work in one of these fields must be shown to be at the top of their fields.
Extraordinary abilities for O-1A visas can be proven in one of two ways: by a major award (such as a Nobel Peace Prize) or by three other types of evidence. If using an award as evidence of achievement, the petition should include a copy of the award, publications about the award, or other proof of the award. Non-first place awards may also qualify an individual for an O-1A visa.
Other evidence includes:
For O-1B visas in the field of the arts, holders do not need to be the principal performer but can take on a range of roles including lighting designers, directors, and animal technicians. O-1B petitions must show that the foreign national has achieved distinction, meaning a high level of achievement, in their field. Like O-1A visas, this can be proven by a single award, such as a Grammy, or by three other types of evidence. A nomination for such an award also is sufficient evidence. If using an award as evidence of achievement, the petition should include a copy of the award, publications about the award, or other proof of the award.
For O-1B visas in the field of the arts, holders do not need to be the principal performer but can take on a range of roles including lighting designers, directors, and animal technicians. O-1B petitions must show that the foreign national has achieved distinction, meaning a high level of achievement, in their field. Like O-1A visas, this can be proven by a single award, such as a Grammy, or by three other types of evidence. A nomination for such an award also is sufficient evidence. If using an award as evidence of achievement, the petition should include a copy of the award, publications about the award, or other proof of the award.
Other evidence includes:
The same evidence can be used for O-1B visas for the fields of motion picture or television production. This category includes any individual who works in the industry, not just producers. For the categories of science, business, athletics, art, and education, comparable evidence may be used in place of the evidence listed above. However, this is not allowed for the categories of motion picture or television production.
Individuals must be coming to the United States for a particular event. They cannot be freelancers or be self-employed. An event can be activities such as a conference, tour, project, a group of related activities, and more. The petition should show how all other planned activities for while the foreign national is in the United States relate to the main event. Such activities can include promotional appearances, short vacations, and other plans that are related to the main activity. It is not required that the event on the petition be a single event or activity. The petition must prove that the activities or events qualify as an event despite any gaps in the itinerary or international travel of the foreign national.
There are certain requirements regarding who can file the petition for O visas. For O-1 or O-2 visas, a United States employer, a United States agent, or, a foreign employer through a United States agent, can file a petition. A United States employer must be an established entity with an address and must present some proof of ability to do business in the country. If the foreign national will have different employers throughout their stay, each employer must file a petition. A United States agent can be the foreign national’s employer, a representative of the employer and of the foreign national, or an individual or entity, that the employer has authorized to take action in their place. An agent can also file a petition for multiple employers for one individual.
There are a few requirements for petitions that use agents. First, the agent must provide the contract between the petitioner and foreign national which identifies the wage and other details of employment. Next, the agent must be a representative of the employers and the foreign national if they are filing a petition for multiple employers. This petition must include a schedule of events with details on the time and place of the activities as well as the contract between the petitioners and the foreign national. Likewise, the agent must include documentation that proves that they are authorized to take action in place of the employer for the petition. Lastly, a foreign employer cannot file a petition themselves, and must instead go through an agent, although, the foreign employer must still comply with all of the United States employer requirements.
On top of having extraordinary abilities or achievements in their field, foreign nationals applying for an O-1 visa must have nonimmigrant intent. This means that they intend to stay in the United States only temporarily, and plan to leave the country at the end of their stay. However, O-1 visa holders have dual intent, meaning that they can take steps towards becoming permanent residents of the United States while holding a temporary stay visa. Thus, if the foreign national has had a labor certification application approved for them or an immigrant visa petition, they will not lead to an O-1 petition, extension petition, or change of status petition being denied. However, the same does not apply for O-2 visa holders.
There is also extensive supporting documentation that must be submitted along with an O-1 petition (or, O-2 petition). This supporting evidence includes:
Original copies of the documents must be made available upon request, and the petition must provide translations of documents that are not in English, preferably, not by an online translator.
Testimonials from an expert in the industry can offer proof of the foreign national’s extraordinary ability or achievement. Former employers or experts in the field who qualify as experts should write about the extraordinary ability and achievement of the foreign national, and explain why the foreign national's accomplishments are considered to be extraordinary in great detail. It is best to have the testimonial written in plain English with few technical terms so it is easy to understand. The opinion should also outline the qualifications of the writer, such as their educational and work experience, and should explain how the writer knows of the foreign national. Typically, it is best to find a writer with very high credentials, as long as the gap between the foreign national’s credentials and the writer’s credentials is not too large. It is also preferred to have the writer be an independent source.
It is also necessary to obtain an advisory opinion. An advisory opinion may come from a labor organization, a peer group, or a management organization. No matter which entity is chosen to write the advisory opinion, the entity must have expertise in the foreign national’s field. The advisory opinion must describe the work that the foreign national will complete, the foreign national’s qualifications, and why the work requires the foreign national’s extraordinary ability or achievements. The entity must write the document and have an authorized individual sign the document. An O-1 visa petition cannot be approved without a written advisory opinion. In this case, a peer group can be defined as a group or organization of practitioners from the same occupation as the foreign national. However, the peer group is required to be from the United States. Typically, peer groups, labor organizations, or management organizations will charge fees for writing an advisory opinion, although the same advisory opinion from a labor organization can be used for up to 2 years. Once a labor organization has received the petition, it has 15 days to complete the advisory opinion, or the petition will be adjudicated without it. If the O-1 visa is for the categories of motion picture or television production, the advisory opinion must come from two entities: the union that represents the foreign national’s peers within the same occupation and a management organization in the same field. A consultation is required for O-2 petitions, but not for O-1 petitions.
There are a few exceptions to this requirement. If there is no applicable labor organization or peer group to write the advisory opinion, statements from individuals in the field may be requested instead. Likewise, if an advisory opinion is not submitted, the United States Citizenship and Immigration Services (USCIS) may reach out to an organization and request one (if the foreign national will be working in the fields of art, athletics, or entertainment). The organization must provide an advisory opinion within 5 days of accepting the request. Finally, an advisory opinion may not be required if the foreign national, in the field of art, is coming back to the United States within 2 years of a former advisory opinion being written. In this case, the old advisory opinion may be used again.
If employment ends before the individual’s status has ended, the individual can stay in the United States for 60 days or until their status ends (whichever period is shorter). This allows individuals to change their status, find new employment, or make other plans if necessary (AILA Books O Visas and Status 70). If employment comes to an end for any reason other than if the individual voluntarily resigns, the employer is required to pay for the cost of transportation for the individual’s travel home. If the petitioner and the employer are not the same, they are both equally liable for this requirement.
If there is a labor dispute in the same location and occupation where the foreign national will be or is employed, the visa can be denied or suspended if the foreign national could negatively affect the situation. However, such disputes must be certified by the Secretary of Labor in order for visas to be denied or suspended.
There are many steps that must be completed in order to successfully apply for an O-1 visa. To start, the O-1 petition should be prepared. It should be noted that all documents should be signed in blue or black ink, preferably blue. The petitioner should begin with a cover letter, and then move on to filling out the G-28 form, or, Notice of Entry of Appearance as Attorney or Accredited Representative. If the petition is being submitted for the initial O-1 visa application, the petitioner should write the employer’s information for questions 5 through 12. If the petition is for a change of status or an extension and the petitioner is also representing the foreign national, then a separate G-28 form for both the employer and the foreign national should be filled out. It is best to print the G-28 form on blue paper to help it be easily identified.
Next, the petitioner should fill out the I-129 form, or, the Petition for a Nonimmigrant Worker. In part 1, the petitioner should include details on the United States employer. Part 2, part 3, and part 4 should include information on the foreign national. Part 5, part 6, and part 7 should include details on the terms of employment. However, part 6 only needs to be completed for applications for O-1A visas. Finally, the form should be signed by a representative of the petitioner and the practitioner.
The O and P supplement must also be completed for O-1 visas. The petitioner must provide their own name, the name of the foreign national, details on the terms of employment, and the reason the foreign national plans on coming to the United States. The petitioner must also complete a support statement. The support statement is very important as it is an opportunity for the petitioner to address the foreign national’s abilities, job, and event and connect them all together. It should be signed by a representative of the United States employer and should be on company letterhead. The support statement should include an introduction, details on the petitioner, details on the position and how the extraordinary abilities or achievements of the foreign national are needed for the position, details of the terms of employment, details of the foreign national’s experience and achievements, and a conclusion.
Finally, the petition should include an index of exhibits. The index of exhibits organizes the necessary evidence for O petitions. It should be in binder form with tabs at the bottom for each regulation and sub-tabs for other criteria. The same documents can be included in multiple sections.
Once the petition has been completed, two copies should be made with original signatures on both. They should be filed at the United States Citizenship and Immigration Services (USCIS) service center that has jurisdiction over the location of employment. If there are multiple locations of employment for the O petition, the petition should be filed with the service center that holds jurisdiction over the state where the petitioner is located. The copy of the petition will be sent to the United States consulate where the foreign national will apply for the visa and will be used as supplementary proof. Likewise, once the petition has been approved, a notification will be sent to the consulate.
There are two ways in which expedited processing can be obtained. First, petitioners can file an I-907 form and pay the $1,225 fee for expedited processing. This guarantees that the petition will receive approval, denial, or a request for evidence (RFE) within 15 days. This form may be sent along with the petition, or after the petition has already been sent. Petitioners may also write in large, red letters the date of the event or performance and include an explanation as to why the petition was not filed earlier. However, this latter option is only available for certain non-profit organizations.
When the petition has been approved, the employer and the attorney will receive the approval notice sent by the United States Citizenship and Immigration Services (USCIS). The foreign national should also save a copy of the approval notice for the consulate visa interview and for when they enter the United States. Before beginning the application process, individuals should always check with their consulate for any specific requirements they may have, as processes may differ depending on location. Individuals can begin the application process up to 90 days before their status start date. Individuals should begin by filling out the DS-160 visa application form online, upload their photo to specifications, and pay the required fee. Depending on the applicant’s home country, they may need to pay an issuance (reciprocity) fee as well. Individuals should save and print the confirmation page of the DS-160 form and the receipt from paying the visa application fee for their interview.
Once the application has been submitted, individuals may schedule an interview with their consulate. The time it takes to schedule an interview varies depending on the time of year, location, and type of visa. For the interview, individuals should bring the confirmation page of the DS-160 form, a copy of their photo to specifications, the visa application fee receipt, the approval notice from the O petition, a statement from the petitioner, a certified copy of the O-1 visa petition (if requested), and any other documents that the consulate may require. Again, individuals should be sure to check with their consulate for any additional requirements it may have.
After the interview, it may take a varying amount of time to approve the visa, and some applications may require additional processing. Once received, the visa should have the receipt number of the petition, the name of the employer, and the location of the employer annotated on it. If the visa has limited validity, the dates that foreign national’s O status is valid for will also be annotated. Any dependent family members will have the same period of validity on their visas as the O-1 visa holder.
Individuals with O-1 visas can come to the United States at most 10 days before their petition’s start date. When they arrive in the United States, they must present their visa, passport, and the approval notice of the O petition. If individuals arrive in the United States via land, they will receive an I-94 form. However, if they arrive via flight or sea travel, they will not receive an I-94 and will receive a passport stamp instead. In this case, it is suggested that individuals look up their I-94 online to make sure that the information recorded is correct.
Canadian citizens do not need visas to come into the United States. They can apply for admission with O status at the border with the petition approval notice.
Individuals with O-1 visas can apply for extensions through the United States Citizenship and Immigration Services (USCIS) if their work must continue past the expiration date of their status. Individuals must be in the United States when the petition is filed and must still have a valid status. Petitions for extensions should include the required documents (typically the same as the documents that are required for the initial petition) as well as a letter explaining why the individual needs the extension. While no supporting documents are technically required, O-1 visa extension petitions are often met with requests for more evidence (RFEs), so it may be a good idea to submit supporting evidence initially in order to save time. Extensions are granted in increments of a year. In some cases, it may be a better option for individuals and their employers to file for a new O visa, such as if the event the individual must remain in the United States for is different than the prior event.
If the employer of an individual changes while they are in the United States, a change of employer petition must be filed. Other changes in employment must also be filed, such as a change in eligibility or a change in employment terms, through an amended O petition. If a new event is added during the period in which the individual’s status is valid, an amended petition does not need to be filed. Similar to P athletes, O-1 athletes who have been traded from one team to another can continue to work for 30 days under the new employer without waiting for authorization. During the 30 day period, the new employer must file a change of employer petition in order for the individual’s employment authorization to continue.
There are many documents and forms that are required to apply for an O-1 visa.
Required documents for the petition include:
Required documents for the visa application and interview include:
The processing timeline for an O-1 visa can vary greatly depending on a few factors. Typically, it takes 2 to 3 months for the petition to be processed. However, petitioners can apply for expedited processing which shortens the amount of processing time to 15 days. The time it takes for the application to be processed at the consulate is typically a few weeks.
There are a few fees that applicants should be aware of when applying for an O-1 visa.
Visa Petition Fees
Base Total: $460
Visa Application Fees
Base Total: $190
O and P visas are similar in many ways, however, there are key differences between the two that applicants should keep in mind. First, while O visas are for individuals in specific fields, including art, education, athletics, business, and science, P visas are meant for specific individuals or groups of athletes and entertainers. O visa applicants must prove that they are at the top of their field and have extraordinary abilities or achievements while P applicants must show that they will come to the United States for a particular event. O applications require similar paperwork to P visas, such as an advisory opinion and the O and P supplement, but ultimately requires more documentation. Overall, O visas may be better suited to individual entertainers who cannot apply for a P-1B visa, which would allow them to come to the United States to work individually and not in a group.
While a dependent O-3 visa holder cannot work without separate work authorization, they may study part-time or full-time while in the United States.
The O-2 application process is different from the O-1 application process. Specifically, the petition must show that the foreign national’s reason for applying for an O-2 visa is to accompany an O-1 visa holder. O-2 visas can be issued if the individual will help with the O-1 holder’s performance, is a part of the performance, or if the individual has critical experience and skills with the O-1 holder that another individual cannot replace. The petition doesn’t need to be filed at the same time as the O-1 holders but should be filed in conjunction. Different supporting evidence is also required for an O-2 petition, usually including proof of a relationship between the O-1 and O-2 applicants. O-2 petitions are meant for individuals, and thus, it may be more difficult to try and bring large groups with an O-1 holder through O-2 visas.
No, you do not need a degree or license for an O visa. Unlike other categories, there is no educational requirement or experience requirement.
No, there is no cap for O visas each year, meaning, there is no limit to the number of O visas that can be granted each year. This is very beneficial to applicants, considering the cap issues with H-1B visas among others.
There is no limit on the number of extensions that can be granted for O visas. This is another benefit of holding an O visa, in contrast to other visas with which the number of extensions an individual can receive may be limited. As discussed above, individuals can receive extensions in yearly increments. Likewise, individuals who hold O visas may be easily able to obtain permanent residency through extraordinary ability.
It is perhaps easiest for O-1 visa holders to apply for permanent residency through extraordinary ability with an employment-based immigration: first preference EB-1 visa. For O-1 visas and EB-1 visas for extraordinary ability, the regulations are very similar. Likewise, no labor certification is required for this visa, which allows for the process to move much faster than it would if a labor certification application was required. It is possible for individuals to obtain EB-1 permanent residency even if their application for an O-1 visa was denied. Although, having previously held an O-1 visa may strengthen the individual’s application for an EB-1 visa. It is much more difficult for O-2 visa holders to apply for permanent residency as the visa they are most likely to qualify for, an EB-3 visa, may take a long time to receive.
Typically, no, even if the individual will coach the same sport in which they were a highly achieved athlete. The United States Citizenship and Immigration Services (USCIS) may not accept applications for individuals with extraordinary ability or achievements in a sport who are applying to come to the United States to coach in the same field with no prior experience. However, if an individual has acclaim as both an athlete and a coach, the petition is more likely to be approved as the United States Citizenship and Immigration Services (USCIS) may see the pattern of ability and decide that coaching is also part of the individual’s expertise.