Skip to content

Buffalo: (716) 970-4007  |  Toronto: (866) 697-1832

Linkedin Facebook Instagram Twitter YouTube Apple Podcasts
Full Logo - Richards & Jurusik Immigration Law - - Buffalo NY - Toronto ON
  • Subscribe to Our Resources Blog
  • Pay Your Bill
  • Schedule a Consultation
  • Canadians
  • Mexicans
  • Individuals
  • Employers
  • Entry to Canada
  • Our Practice AreasExpand
    • Employment-based ImmigrationExpand
      • Temporary Work VisasExpand
        • E Visas for Traders & Investors
        • H-1B Visas for Specialty Occupations
        • L-1 Visas for Business Expansion
        • O-1 Visas for Extraordinary Ability
        • TN Visas for NAFTA Professionals
        • Other Temporary Work Visas
      • Green Cards through Employment Sponsorship
    • Family-based ImmigrationExpand
      • Green Cards for Spouses
      • Green Card for Family Members
      • K-1 Visas for Fiancés & Fiancées
    • US Citizenship & Naturalization
    • Canadian Inadmissibility for US Citizens
    • Immigrant & Non-immigrant Visa (NIV) Waivers
    • Deportation & Removal Defense
    • Affirmative Asylum
    • Board of Immigration Appeals
  • ResourcesExpand
    • US Immigration FAQs
    • Arrive Podcast on US Immigration
    • US Immigration Videos
    • Ask Us a Question
  • About UsExpand
    • Our Managing Partners & StaffExpand
      • Jeremy Richards, Esq., Partner
      • Christine Jurusik, Esq., Partner
      • Rachael Sparacino, Esq., Associate
      • Siana McLean, Of Counsel
    • Our Flat Fees
    • Our Client Promise & Satisfaction Statement
    • Our Diversity & Inclusion Policy
    • Reviews
  • ContactExpand
    • Location & Contact Info
    • Schedule a Consultation
    • Pay Your Bill Online
    • Subscribe to Our Resources Blog
    • Leave Us a Review

Buffalo: (716) 970-4007  |  Toronto: (866) 697-1832

Linkedin Facebook Instagram Twitter YouTube Apple Podcasts
Full Logo - Richards & Jurusik Immigration Law - - Buffalo NY - Toronto ON
Pay Your Bill

O-1 Visas for Individuals with Extraordinary Ability or Achievement

Home / Our Practice Areas / Employment-based Immigration / Temporary Work Visas / O-1 Visas for Individuals with Extraordinary Ability or Achievement
  • E Visas
  • H-1B Visas
  • L-1 Visas
  • O-1 Visas
  • TN Visas
  • Other Temporary Work Visas

O-1 Visas for Individuals with Extraordinary Ability or Achievement

The O-1 classification is for individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

Although the criteria that must be met to obtain O-1 Visa status is higher than other visa classifications, it comes with some major advantages.

  • It does not have an annual Cap
  • It is not limited to certain professions
  • It does not require a specific business relationship
  • It is renewable indefinitely

What type of O-1 Visa do I need?

Types of O-1 Visa

O-1 Visas have two main sub-classifications:

  • O-1A Visa: Individuals with an extraordinary ability in the sciences, education, business, or athletics.
  • O-1B Visa: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.

Many often overlook the potential for an O-1A Visa for those in business. Athletics is also broader than many first perceive, as it includes all athletic disciplines and is not limited to mainstream athletics. We have proven success in assisting those with specific business expertise and/or ability to obtain O-1A Visa status, as well as those with demonstrated achievements in science, education, and athletics.

How do I qualify for an O-1 Visa?

Qualifying for an O-1A Visa

A common misconception with the O-1A Visa is that the beneficiary must have received a major internationally-recognized award, such as a Nobel Prize. This is not the case. Most O-1A Visas are issued to those that can demonstrate at least three (3) of the following criteria:

  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Membership in associations in the field for which classification is sought that require outstanding achievements, as judged by recognized national or international experts in the field
  • Published material in professional or major trade publications, newspapers, or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
  • Original scientific, scholarly, or business-related contributions of major significance in the field
  • Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
  • A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
  • Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish eligibility.

Qualifying for an O-1B Visa

To qualify for an O-1B Visa, the application must demonstrate evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, OR evidence of at least (3) three of the following criteria:

  • Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements
  • Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
  • Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
  • A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications
  • Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise, and knowledge of the beneficiary’s achievements
  • A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence
  • If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry)

How do I apply for an O-1 Visa?

Applying for the O-1 Visa

A US employer, US agent, or foreign employer through a US agent must file Form I-129 on behalf of the applicant of an O-1A Visa or O-1B Visa, along with the required evidence according to the form instructions. The employer or agent cannot file the petition more than one year before they actually need the applicant’s services. To avoid delays, the employer or agent should file Form I-129 at least 45 days before the date of employment.

USCIS: About the O-1 Application Process
USCIS: Form I-129

What about my assistants and my family?

O-2 Visas for Assistants

Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance may apply for an O-2 Visa.

How do I apply for an O-2 Visa? The employer must file a unique Form I-129 on behalf of assistants at the same time as and in connection with the O-1A or O-1B beneficiary.

USCIS: About the O-2 Application Process
USCIS: Form I-129

O-3 Visas for Family

Individuals who are the spouse or children under the age of 21 of O-1 and O-2 Visa holders may accompany or follow to join as an O-3 nonimmigrant.

How do I apply for an O-3 Visa? Applicants must file Form DS-160 with the Department of State.

Can my spouse work on an O-3 Visa? O-3 Visa holders may not work in the United States under this classification, but they may participate in full-time or part-time study.

DOS: Form DS-160

We Can Help You Apply for O-1 Visas

At Richards and Jurusik Immigration Law, we focus our legal practice on the Immigration and Nationality Laws of the United States. Our specialized practice has allowed us to gain particular expertise with the preparation, filing, and successful adjudication of O-1 Visa applications, including new applications, renewals, extensions, denials, and all other O-1, O-2, and O-3 Visa related matters.

Schedule a consultation with one of our immigration lawyers today.
Can we help you? Click here and let's find out.

Loading

Our Resources for O-1 Visas

What awards can be used for an O-1 Visa petition?
What awards can be used for an O-1 Visa petition?
O-1 Visas for Individuals with Extraordinary Ability or Achievement
O-1 Visas for Individuals with Extraordinary Ability or Achievement
Who needs to get work authorization for a US work visa?
Who needs to get work authorization for a US work visa?
Explore 8 Alternatives to H-1B Visa: Options for Work Authorization
Explore 8 Alternatives to H-1B Visa: Options for Work Authorization
US Immigration Update: In-person interviews waived for qualifying nonimmigrant visa applicants
US Immigration Update: In-person interviews waived for qualifying nonimmigrant visa applicants
O1A Visa Approved for an Expert in Continuous Improvement Software after TN Visa Denial
O1A Visa Approved for an Expert in Continuous Improvement Software after TN Visa Denial
O1A Visa Approved for an Auctioneer
O1A Visa Approved for an Auctioneer
All Related Resources
All Our Resources

Additional Outside Resources

  • USCIS: O-1 Visa: Individuals with Extraordinary Ability or Achievement
  • USCIS: I-129, Petition for a Nonimmigrant Worker
  • USDOS: Online Nonimmigrant Visa Application (DS-160)
Arrive Podcast - US Immigration Law for Canadians - Richard and Jurusik Immigration Law - Buffalo NY Toronto CA

The Arrive Podcast

With 1 to 2 new episodes each month, the Arrive Podcast can help you stay updated on the US immigration matters that matter the most to you.

Listen to the Podcast

Our US Immigration Videos

Richards and Jurusik Immigration Law regularly creates video content about the current state of a certain aspect of US immigration law, and how it applies to Canadians living and working in the United States today.

Watch the Videos

Reviews from Some of Our Satisfied Clients

Read More Reviews Leave Us a Review

Why Richards and Jurusik? Experience matters

  • We ONLY practice US immigration law
  • Selected among the “10 Best Immigration Attorneys” in NY
  • Named "Rising Star" by Super Lawyers from 2016–2021

About Us

Our Flat-Rate Legal Fees

At Richards and Jurusik Immigration Law, we offer simplified flat-rate legal fees. You know what you will pay from the beginning, leaving the guesswork out.

Learn More

Our Promise to Our Clients

We are dedicated to providing prompt, professional, and individualized attention, walking each client through the necessary steps of their immigration process.

Learn More

© 2023 Richards and Jurusik, LLP. All rights reserved. ATTORNEY ADVERTISING. | Our Privacy Policy  |  Disclaimer

Scroll to top
  • Subscribe to Our Resources Blog
  • Pay Your Bill
  • Schedule a Consultation
  • For Canadians
  • For Mexicans
  • For Individuals (Outside of North America)
  • For Employers
  • For US Citizens Refused Entry to Canada
  • Our Practice Areas
    • Employment-based Immigration
      • Temporary Work Visas
        • E Visas for Traders & Investors
        • H-1B Visas for Specialty Occupations
        • L-1 Visas for Business Expansion
        • O-1 Visas for Extraordinary Ability
        • TN Visas for NAFTA Professionals
        • Other Temporary Work Visas
      • Green Cards through Employment Sponsorship
    • Family-based Immigration
      • Green Cards for Spouses
      • Green Cards for Family Members
      • K-1 Visas for Fiancés & Fiancées
    • US Citizenship & Naturalization
    • Canadian Inadmissibility for US Citizens
  • Our Resources
    • US Immigration FAQs
    • Arrive Podcast on US Immigration
    • US Immigration Videos
  • About Us
    • Our Managing Partners & Staff
      • Jeremy Richards
      • Christine Jurusik
    • Our Flat Fees
    • Our Client Promise & Satisfaction Statement
    • Our Diversity & Inclusion Policy
    • Reviews
  • Contact Us
    • Location & Contact Info
    • Schedule a Consultation
    • Pay Your Bill
    • Subscribe to Our Resources Blog
    • Leave Us a Review
Search