O-1 Visas

The O-1 Visa is a non-immigrant visa for individuals with extraordinary ability in the arts, athletics, sciences, education and business; and individuals in the television or motion picture industry with a record of achievements and who has been recognized, nationally or internationally, for those achievements.

Classifications of O-1 Visas

There are five classifications for the O-1 Visa, depending on one’s field and role.

  • O-1B: Individuals with extraordinary ability in the arts, television or motion pictures. This includes performers, producers, sound engineers, conductors, directors, actors, sculptors, painters, multimedia artists and other artists who take center stage or work behind the scenes.
  • O-1A: Individuals with extraordinary abilities in science, education, business or athletics.
  • O-2: Individuals who will accompany and assist an O-1B artist or athlete in order to assist in a specific event or performance. The O-2 applicant must demonstrate that they are essential to the successful completion of the event or performance and that they possess critical skills and experience with the O-1 applicant, such that their role could not be performed by a U.S. worker.
  • O-3: The immediate family (spouse or children) of an O-1 or O-2 alien.

General Eligibility Criteria

To be eligible for an O-1 visa, the beneficiary (applicant) must demonstrate that they possess extraordinary ability in their field, have a temporary employment opportunity in the United States and satisfy the O-1 Eligibility Criteria.

Extraordinary Ability

The Beneficiary must demonstrate that they possess extraordinary ability in their field for which they have received sustained national or international acclaim.

What Does “Extraordinary Ability” Mean?

The United States Citizenship and Immigration Services (USCIS) defines “Extrordinary Ability” or “Extraordinary Achievement” differently, depending on the the field and the type of O-1 visa:

  • O-1B – Arts: Extraordinary Ability means “distinction,” which means a “high level of achievement” in the field. This level of achievement is demonstrated by possessing a degree of skill and having received recognition that is above that typically encountered, so much so that that the individual is prominent, renowned, leading or well-known in their artistic field.
  • O-1B – Motion Picture or Television Industry: In the motion picture and television industries, the beneficiary must demonstrate “Extraordinary Achievement” in their field by showing they have a degree of skill and recognition that is “significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable or leading in the motion picture and/or television field.”
  • O-1A – Athletics, Science, Education and Business: Extraordinary Ability is a level of expertise such that the individual is part of a “small percentage who have risen to the very top of their field.”

Temporary Employment Opportunity

The Beneficiary must have a temporary employment opportunity in the United States in the field in which they possess extraordinary abilities. The appropriate documentation of the employment opportunity must also be provided.

O-1 Visa Evidentiary Criteria & Requirements

Evidence must be provided that demonstrates the an O-1A or O-1B Beneficiary satisfies the Evidentiary Criteria for the respective visa. The Evidentiary for the O-1B “Artist Visa,” O-1A and O-2 visas is discussed in greater detail in the following sections:

In addition, an O-1 petition has additional requirements, such as a Consultation from an appropriate labor organization). These requirements are discussed in greater detail in the section Application Process.

O-1B “Artist Visa” – Evidentiary Criteria – Arts, Motion Picture, Television

The O-1B Visa or “Artist Visa” is for individuals with extraordinary abilities in the arts, motion picture or television industries.

Evidence must be provided demonstrating that the beneficiary has received or been nominated for a “significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award” or that satisfies at least three of the following Evidentiary 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

The USCIS states that if the above standards and criteria do not apply to the beneficiary’s occupation, “comparable evidence” can be submitted to establish eligibility. Though, this does not apply to the Motion Picture and Television Industries.

O-1A Evidentiary Criteria – Athletics, Sciences, Business, Education

The O-1A visa is for individuals with extraordinary abilities in athletics, sciences, business or education.

Evidence must be provided that demonstrates that the Beneficiary has received a “major, internationally-recognized award, such as a Nobel Prize” or provide evidence of at least three of the following Evidentiary 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 which 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.

The USCIS states that if the above standards and criteria do not apply to the beneficiary’s occupation, “comparable evidence” can be submitted to establish eligibility.

O2 Evidentiary Criteria – Support Personnel

The O-2 Visa is for individuals who will be supporting or working with an O-1 beneficiary.

Evidentiary Criteria for O-2: The evidence provided must establish the “current essentiality, critical skills, and experience of the O-2 beneficiary with the O-1 beneficiary and that the beneficiary has substantial experience performing the critical skills and essential support services for the O-1.” If the O-2 individual is coming to the United States to work on a specific motion picture or television production, the evidence “should establish that significant production has taken place outside the United States and will take place inside the United States, and that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.

Application Process

Petitioner and Form I-129

The O-1 Visa petition must be filed by a Petitioner or a U.S. Agent. The Petitioner/Agent files the Form I-129, Petitioner for Nonimmigrant Worker and all portfolio materials and supporting documentation on behalf of the Beneficiary.

Please see the section “Petitioners and Agents” for additional information.

Consultation / Advisory Opinion

The O-1 Visa requires a written advisory opinion (sometimes referred to as a “Consultation Letter”) from a U.S. labor union or peer group or an individual with expertise in the beneficiary’s field in which they have extraordinary abilities.

  • An O-1B Petition for the Motion Picture or Television Industry requires a consultation from an apprioriate labor union and a management organization with “expertise in the beneficiary’s area of ability.”
  • Some advisory opinions / consultations include watermarks or other markings indicating the authenticity of the document. For this reason, the Petitioner should the version of the document containing such markings. Failure to do so could result in processing delays.
  • O-1B Petitions for extraordinary ability in the Arts applying for readmission can use a previously issued Consultation Letter, provided that the Petition is being filed within two years of the date of the previous Consultaiton Letter and the Beneficiary’s employing involves the performance of similar services.
  • Exceptions to the Consultation Requirement: If the Petitioner can demonstrate that an an appropriate Labor Union or Peer Group does not exist for the Beneficiary’s area of extraordinary ability, the Consultation requirement may be waived and the USCIS will make a decision based on the evidence submitted.

For a list of Labor Unions and Peer Groups, please see the USCIS document: Address Index for I-129 O & P Consultation Letters.

Employment Documents

O-1 Visa Petitions documentation of the Beneficiary’s employment. This includes:

  • Contracts: A copy (or copies) of written contracts between the Beneficiary and the Petitioner or Employer.
  • Summary of Oral Agreements or Oral Contract: The Petitioner can also submit a summary of the terms of an oral employment agreement. Additional evidence of an oral contract may also be submitted including (without limitation) a written summary of the oral contract, job offer letters or emails between the contractual parties or other evidence demonstrating the oral agreement. Summaries of oral agreements do not need to be signed by both parties, but they must include the terms of employment that was offered by the Employer and what was accepted by the Employee (Beneficiary).

Itinerary / Explanation of Events or Activities

O-1 Visa Petitions require documentation in the form of an Itinerary and other explanatory documentation that provide the following information:

  • An explanation of the Beneficiary’s scheduled employment in the United States, including all events or activities in which the Benefiicary will participate.
    The dates (both beginning and ending dates) of all events and activities.
  • A copy (or copies) of any itinerary for all events or activies, if applicable.
  • The Petitioner must also demonstrate that during the requested validity period, the Beneficiary will be participating in events or activities in Beneficiary’s field of extraordinary ability.

For additional information, please see the USCIS memorandum: “Clarifying Guidance on ‘O’ Petition Validity Period” (PDF).

Applying for the Visa at a U.S. Embassy or Consulate

When the USCIS approves the visa petition, the Beneficiary can then apply at a U.S. embassy or consulate in order to obtain the visa. For information on fees and processing times, please visit Department of State Consular Affairs.

Petitioners and Agents

An O-1 petition must be filed on behalf the Beneficiary by a Petitioner or U.S. Agent in the United States. The Petitioner/Agent must file the Form I-129, Petitioner for Nonimmigrant Worker and all portfolio materials and supporting documentation on behalf of the Beneficiary.

A U.S. Agent filing on behalf of the Beneficiary can be an employer of the Beneficiary, a representative of the employer and Beneficiary or a person or entity that has been authorized by the employer(s) to “act for, or in place of, the employer and its agent.” In addition, an Agent can act on behalf of multiple employers, perform the function of an employer or an agent for foreign employers.

In addition to the Form I-129, Petition for Nonimmigrant Worker, a U.S. Agent must submit additional documentation with the Form I-129, depending on their role, for whom they are acting as an agent and their function. The types of agents, their roles and the additional documentation will be discussed below.

Agents for Multiple Employers

If the Petitioner is an Agent filing for multiple employers, must provide demonstrate the following:

  • The Agent must show that they are “duly authorized to act as an agent for the other employers.” For additional information, please see the USCIS memorandum, “Requirements for Agents and Sponsors Filing as Petitioenrs for the O and P Visa Classifications” (PDF).
  • An Itinerary of event(s) specifying the dates of each event, service or engagement, contract information (names and addresses) of the employer(s) and locations, venues or locations where the Beneficiary will be working.
  • Employment documents (i.e., contracts) between the employers and the Beneficiary.Contracts between the actual employers and the beneficiary.
  • An explanation of the “terms and conditions of the employment with required documentation.”

Agent Performing the Function of an Employer

If the Agent is performing the function of an Employer, the Agent must file a Form I-129, as well as a contractual agreement between the Agent and the Beneficiary and if the Beneficiary will be working in more than one location, an Itinerary must also be provided.

    • Contract Between the Agent and Beneficiary:
      • The agreement must include contract must include the wage offered, how the Beneficiary will be paid, the working relationship between the Agent and Beneficiary and the other terms of employment.
      • The agreement can be a written contract or a summary of an oral agreement. The USCIS also notes that “a contract is not required between the beneficiary and the entities that will use the beneficiary’s services.”
      • The USCIS will use this agreement to determine if the agent is “functioning as the employer of the beneficiary.” This is determined on a case-by-case basis. The USCIS states that, “in totality, if the terms and conditions of the employment show a level of control of the beneficiary’s work being relinquished to the agent, then the agent may establish that it is performing the function of an employer.”
  • Itinerary: If the scheduled employment will take place at multiple locations, an Itineray must be submitted. The Itinerary must explain the type of work that will take place, as well as the date and locations at which it will take place. Additional informatio may be provided, as the USCIS is somewhat flexible, taking into account industry standards when considering the Itinerary requirement.

Agent for Foreign Employers

If the Agent is filing an I-129 Petition for a foreign employer, they must meet the “minimum documentary evidence” required for O-1 Petitions. This includes:

  • Copies of employment contracts or summaries of oral agreements between the foreign employer(s) and Beneficiary.
  • An explanation of the “nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities.”
  • A written Advisory Opinion from the apprioriate U.S. Labor Union, Peer Group or other consulting entity.

The USCIS also states the “regulations do not require any additional documentary requirements for an agent filing on behalf of a foreign employer, however, it is the foreign employer who is responsible for complying with all applicable employer sanctions provisions.”

Return Transportation

In the event that a Beneficiary’s employment is terminated for any reason other than “voluntary resignation,” the employer is responsible for paying the “reasonable cost of return transportation to the O nonimmigrant’s last place of residence” before they entered the U.S. If the Petition was filed by an agent, then both the employer and agent are equally responsible for the cost of return transportation.

Additional Information

The following links provide additional information about Agents and Petitioners:

Changing Employment

  • New Employment: In order to change employment, the new employer must file a Form I-129 with the appropriate USCIS office, which is indicated in the Form I-129 instructions. If the original petition was filed by an Agent, the Agent must file an amended petition. The amended petition must include evidence related to the new employer(s) and a request for an extension of stay.
  • Material Change in Employment: If there are material changes to the beneficiary’s employment or eligibility, the Petitioner must file an amended Petition on Form I-129. The amended petition must be filed with the same USCIS Servcie Center as the original petition.
  • Athletes: In the event that an athlete with O-1 nonimmigrant status is traded from one team to another, their Employment Authorization continues for up to 30 days. During that time, the new employer must file a new Form I-129. The act of filing the new Form I-129 (within the 30 day period) “extends the employmetn authorization at least until the petition is adjudicated.” Failure to file a new Form I-129 within that 30-day period reuslts in the O-1 athlete losing their employment authorization. The O-1 athlete also loses their employment authorization if the new Form I-129 petition is denied. authorization if the new Form I-129 is denied.

Timing, Period of Stay & Extension of Stay

Filing

An O-1 Petition should be filed at least 45 days prior to the start of the beneficiary’s scheduled employment in the United States and no more than 1 year prior to the start of the employment.

Initial Period of Stay

The initial period of stay for an O nonimmigrant is up to three years. O nonimmigrants may be admitted to the U.S. 10 days prior to the start of their validity period and 10 days after the validity period ends.

Extension of Stay

The initial period of stay can be extended in 1-year increments in order to accomplish or complete the initial events or activities for which the original O-1 was granted. The USCIS will determine the amount of time required for the Extension fo Stay.

In order to request an extension of stay, the Petitioner must file the following documentation with the USCIS:

  • Form I-129, Petition for Nonimmigrant Worker.
  • The Beneficiary’s Form I-94, Arrival/Departure Record.
  • Statement from the Petitioner: A statement from the Petitioner explaining the reasons for the extension. This statement should describe the event or activity for which the original petition was approved and confirm that an extension is necessary in order for the Beneficiary to complete that same event or activity.

Spouses and children of the Beneficiary must file a Form I-539, Application to Extend/Change Nonimmigrant Status and submit any supporting documentation. For more information, please see the USCIS Form I-539, Application to Change Extend Nonimmigrant Status.

O-2 Visa – Support Personnel

The O-2 Visa is for individuals who support individuals with O-1 artists and athletes.

  • Petitioner & Form I-129: The Petitioner must file a Form I-129, Petition for Nonimmigrant Worker on behalf of the O-2 Beneficiary in conjunction with the services of an O-1 artists or athlete, as well as the following documentary evidence:
  • Consultation: A consultation from an appropriate labor union or peer group is required for individuals supporting artists or athletes. If the O-2 petition is filed on behalf of an individual supporting an O-1 Beneficiary working in the motion picture or television industry, consultations must be provided from both the appropriate labor organization and a management organization with expertise in the “skill area involved.” The consultation requirement is waived in cases in which the Petitioner can demonstrate that an appropriate labor organization does not exist, in which case, the USCIS will make a decision on the basis of “the evidence of record.”
  • Agents: Please see the section “Petitioners and Agents”.
  • Evidentiary Criteria for O-2: The evidence provided must establish the “current essentially, critical skills, and experience of the O-2 beneficiary with the O-1 beneficiary and that the beneficiary has substantial experience performing the critical skills and essential support services for the O-1.” If the O-2 individual is coming to the United States to work on a specific motion picture or television production, the evidence “should establish that significant production has taken place outside the United States and will take place inside the United States, and that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.
  • Post Petition Approval: After the USCIS approves the O-1/O-2 petition, the beneficiary can apply for a visa at a U.S. Embassy or Consulate. For information on fees and processing times, please visit Department of State Consular Affairs.

O-3 Visa – Family of O-1 and O-2 Visa Holders

  • Spouses and children under the age of 21 of O-1 visa holders may be eligible for an O-3 nonimmigrant visa for the same admission period and limitations of an O-1/O-2 nonimmigrant.
  • Spouses and children with an O-3 visa may attend school (full or part time), but may not engage in employment. or college Any accompanying or following to join spouse and children under the age of 21 may be eligible to apply for an O-3 nonimmigrant visa, subject to the same period of admission and limitations as the O-1/O-2 nonimmigrant. They may not work in the United States under this classification, but they may engage in full or part time study on an O-3 visa.