O-1 visa allows internationals who have “extraordinary ability” in the following area to stay and work up to three years and extend in increments of one year with no limits on the number of extensions.
- science
- education
- business
- athletics
In addition, O-1B also allows artists to stay and work in the United States. Here are examples of arts:
- artist/principal creator
- performer
- directors
- visiting professor in fine arts, performing arts, or culinary arts departments
- set/lighting/sound designers
- choreographers
- conductors
- performance coaches
As long as the individual can strongly demonstrate that they have “extraordinary ability,” an O-1 visa could be a better option for international students over H-1B for the following reasons:
- Unlike H-1B which limits the number of granted visas, there is no cap for O-1 visa
- Unlike H-1B which limits the number of times that beneficiaries can extend (twice), there’s no limit to extensions for O-1 visa holders
- Unlike H-1B which involves the Department of Labor (DOL), DOL is not involved in the O-1 process
- J-1 visa holders who are subject to 212(e) two-year residence requirements can apply for the O-1 visa
Related blog post: Best practice to not be subject to 212(e) for a J-1 visa holder
Contents
- F-1 to O-1
- Required documents
- Required document format
- Travel with O-1
- Extension
- O-1 Visa is employer-specific
F-1 visa to O-1 visa for international students
One of the required documents to apply for an O-1 visa is…
- a “written advisory opinion from
- a peer group (including labor organizations); or
- a person with expertise in the applicant’s area of ability”
- in this case, consider submitting more than one advisor opinion letter and provide
- the recommenders/experts’ Curricular Vitae (CV)
USCIS’s O-1 visa page says that “if the O-1 visa international student is planning to apply for an O-1 visa based on the extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.”
Therefore, any F-1 international students who would like to build a strong O-1 application are highly encouraged to explore peer groups on the USCIS webpage.
Also, given that an O-1 application can be filed as early as 1 year before the employment start date, eligible international students should work with the employer during the OPT/STEM OPT period.
It is imperative to work with the employer as employers need to submit the O-1 visa application (Form I-129, Petition for Nonimmigrant Worker) for O-1 applicants.
What if my industry does not have peer groups?
If your area does not have peer groups, check out the USCIS O-1 page to check out the consultation waiver.
Required documents
- Cover letter
- A job offer letter
- Form I-129, Petition for Nonimmigrant Worker
- Filing fee: As of April 2024, the current filing fee is $1,055 plus additional fees for the O petition. Small employers or nonprofits can pay $530 plus additional fees.
- O-1 visa petitioners must submit Form I-129 as early as 1 year before the employment start date and no later than 45 days before the employment start date to avoid delays.
- The O-1 “peer group” consultation or advisory opinion letter
- Other than completing Form I-129, O-1 visa applicants must submit the advisory opinions that we took a look at earlier.
- Documentary evidence to establish the applicant’s extraordinary ability
- O-1 applicants in the STEM field are encouraged to look at the USCIS Policy Manual which outlines documents that can have a “positive factor toward demonstrating that a beneficiary is at the top of their field“
Click each O-1 visa category to learn more about the required documents for each category:
O-1: Science, Education, Business, Athletics
Based on regulation 8 CFR 214.2(o)(3)(iii)(B)-(C), To demonstrate “sustained national or international acclaim and recognition for achievements in the field of expertise,” O-1 visa applicants must provide at least three of the following documents:
- “Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
- Published material in professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
- Evidence of the alien‘s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
- Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field;
- Evidence of the alien’s authorship of scholarly articles in the field, in professional journals, or other major media;
- Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
- Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence“
If you are applying for the O-1A nonimmigrant of extraordinary ability with a focus on science, technology, engineering, and mathematics (STEM) fields, visit the USCIS Policy Manual to see the full list of example evidence.
O-1B: Arts
8 CFR 214.2(o)(3)(iv) illustrates that O-1 applicants must be able to demonstrate…
- “Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; or
- At least three of the following forms of documentation:
- Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
- Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
- Evidence that the alien has performed, and will perform, in the lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
- Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
- Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form that clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements; or
- Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence
Required document format
According to 8 CFR 214.2(o)(2)(iii), allowable evidence for the O petition must conform to the following:
- (A) Affidavits, contracts, awards, and similar documentation must reflect the nature of the alien’s achievement and be executed by an officer or responsible person employed by the institution, firm, establishment, or organization where the work was performed.
- (B) Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability, or in the case of a motion picture or television production, the extraordinary achievement of the alien, shall specifically describe the alien’s recognition and ability or achievement in factual terms and set forth the expertise of the affiant and the manner in which the affiant acquired such information.
- (C) A legible photocopy of a document in support of the petition may be submitted in lieu of the original. However, the original document shall be submitted if requested by the Director.
Travel with O-1
Admission
If you obtained an O-1 visa outside the U.S., please note that the earliest date you can enter the U.S. is as early as 10 days before the employment start date and as late as 10 days after the employment start date.
Travel
It is not recommended for O-1 petitioners to leave the U.S. while the application is pending as it will be considered that they abandon the application. This rule applies to pretty much all nonimmigrant visa categories.
When O-1 visa holders travel internationally and come back to the U.S., they are required to bring the following documents to seek admission at the border:
- The original Form I-797 (approval receipt)
- A job offer letter; and
- A valid passport; and
- Valid O-1 visa
Extension
Just like STEM OPT, O-1 visa holders who apply for the extension in a timely manner can continue employment for the same employer while they are waiting to hear back from USCIS.
To reiterate, O-1 nonimmigrants who would like to continue their employment while the extension application is pending must submit the following documents so USCIS can receive them before the current O-1 visa expiration date:
- Form I-129 along with the filing fee
- A copy of Form I-94, Arrival/Departure Record; and
- A statement explaining the reasons for the extension
- If you have dependents, they must submit Form I-539, Application to Extend/Change
However, O-1 visa holders must stop working past 240 days from the current O-1 visa expiration date.
Additionally, 8 CFR 214.2(o)(12)(i) states that, “The alien beneficiary must be physically present in the United States at the time of filing of the extension of stay.”
O-1 Visa is employer-specific
Another thing that the STEM OPT rule is the same as the O-1 visa is that the O-1 (and STEM OPT) is employer-specific.
In this light, if an O-1 visa holder would like to work for multiple employers or change employers, they must file a new Form I-129.
Foreign Affairs Manual says “Employment by the O nonimmigrant other than the specific employment listed in the petition is strictly prohibited.”
When changing employers, it is worth noting that O-1 individuals should not begin working until they have approvals from USCIS.
