Who qualifies for an O-1 visa?

O-1A is for extraordinary ability in the sciences, education, business, or athletics. You must show sustained national or international acclaim and be one of the small percentage at the very top of the field.

For O-1B (Arts), you must show distinction, which means skill and recognition substantially above that ordinarily encountered in the arts. For O-1B (MPTV), you must show a record of extraordinary achievement in motion picture or television productions.

You must come to the United States to continue work in your area of extraordinary ability. The U.S. job itself does not need to require a person of extraordinary ability.

O-2 is for support workers who are an integral part of the performance of an O-1 artist or athlete. O-3 is for the spouse and unmarried children under 21 of O-1 and O-2 workers.

What evidence does an O-1A petition need?

The petition needs proof of a major, internationally recognized award, such as the Nobel Prize. Without one, it needs evidence for at least three of these eight criteria in 8 CFR 214.2(o)(3)(iii):

  • Nationally or internationally recognized prizes or awards for excellence
  • Membership in associations that require outstanding achievements
  • Published material about you and your work in professional or major media
  • Work as a judge of the work of others in your field
  • Original scientific, scholarly, or business-related contributions of major significance
  • Authorship of scholarly articles
  • A critical or essential role for organizations with a distinguished reputation
  • A high salary or other high pay, past or future

What evidence does an O-1B petition need?

The petition needs a nomination for, or receipt of, a significant national or international award, such as an Academy Award, an Emmy, or a Grammy. Without one, it needs evidence for at least three of six criteria in 8 CFR 214.2(o)(3)(iv) or (v). Examples are lead roles in distinguished productions, critical reviews, and a high salary.

If a criterion does not readily apply to your occupation, the petitioner may explain why and submit comparable evidence for O-1A or O-1B (Arts). O-1B (MPTV) does not allow comparable evidence.

Three criteria are not enough by themselves. USCIS then looks at the totality of the evidence.

Who files the petition and what else must it include?

You cannot file an O-1 petition for yourself. A U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent must file it. A separate company that you own may file for you. The petition must also include:

  • A written advisory opinion (consultation) from a peer group, a labor organization, or a qualified person in your field. For O-1B (MPTV), it must come from a union and a management organization.
  • Copies of written contracts, or a summary of the terms of an oral agreement
  • An explanation of the events or activities, with dates and any itinerary

How much does an O-1 petition cost and how long does it take?

Regular processing times vary, so check the USCIS processing times tool. The petitioner may file up to one year before the work starts. USCIS advises filing at least 45 days before the start date.

With premium processing, USCIS takes action within 15 business days. The action can be an approval, a denial, a request for evidence, or a notice of intent to deny.

  • Form I-129 filing fee for an O petition: $1,055 on paper or $1,005 online, as of October 2026.
  • Form I-129 fee for small employers (25 or fewer full-time equivalent employees) and nonprofits: $530, as of October 2026.
  • Asylum Program Fee: $600, or $300 for small employers and $0 for nonprofits, as of October 2026.
  • Optional premium processing (Form I-907): $2,965, as of October 2026.

How long can you stay, and do you need a visa abroad?

USCIS approves up to three years for the first period, based on the time the event or activity needs. You may enter up to 10 days before the validity period and stay up to 10 days after it ends.

For the same event or activity, the petitioner files a new Form I-129 to extend your stay in increments of up to one year. There is no limit on the number of extensions.

If you are outside the United States, you apply for the O visa at a U.S. embassy or consulate after USCIS approves the petition. Since October 1, 2025, O visa applicants generally need an in-person interview. Schedule it in your country of nationality or residence.

If you are in the United States in valid status, the petitioner can request a change of status to O-1. You cannot start O-1 work until USCIS approves the petition and the change of status.

What changed in 2025 and 2026?

Proclamation 10998 took effect on January 1, 2026. It suspends visas in all categories, O visas included, for nationals of 19 countries, such as Haiti, with limited exceptions. It does not apply to people who held a valid visa on that date. For Venezuela, Cuba, and 17 other countries, it suspends B, F, M, J, and immigrant visas. O visas are not on that list. However, consular officers must reduce the validity of other nonimmigrant visas for Venezuelan and Cuban nationals, as far as the law permits.

USCIS memos PM-602-0192 and PM-602-0194 put a hold on pending benefit requests for nationals of the proclamation countries. A Rhode Island federal court vacated both memos in June 2026, and a California federal court enjoined them in August 2026. The First Circuit then stayed the Rhode Island ruling only for the re-review of approved benefits.

Since August 5, 2026, USCIS may deny a request without a request for evidence if required initial evidence is missing. File a complete petition the first time.

These rules are in litigation or change often. Get a review of your own case before you file or travel.

How Buroz Law helps

Rene Buroz is an immigration attorney in Aventura, FL. We compare your record with the O-1 criteria and help you choose the category and petitioner. We prepare the evidence plan, the Form I-129 petition, and the request for an advisory opinion. We answer requests for evidence and prepare you for the visa interview, in English or Spanish.

Step by step

  1. Choose the category

    Compare your record with the O-1A, O-1B (Arts), or O-1B (MPTV) standard.

  2. Find the petitioner

    Choose a U.S. employer, a U.S. agent, or a company that you own.

  3. Collect the evidence

    Collect proof of a major award or of three criteria, plus contracts and an itinerary.

  4. Get the advisory opinion

    Request a written consultation from a peer group, a union, or a qualified person in your field.

  5. File Form I-129

    File the petition and fees up to one year before the work starts. Add Form I-907 for premium processing.

  6. Get the visa or the new status

    After approval, apply for the O visa abroad, or wait for USCIS to approve your change of status.

Frequent questions

Can I get an O-1 visa without a major award?

Yes. Without a qualifying award, the petition needs evidence for at least three of the listed criteria. USCIS then looks at all the evidence together.

How long does an O-1 petition take?

With premium processing, USCIS takes action within 15 business days. The fee is $2,965, as of October 2026. Regular processing times vary.

Can I apply for a green card while I hold O-1 status?

An immigrant petition or an approved labor certification for you is not a basis to deny an O-1 petition, extension, or change of status.

Can my family come with me?

Your spouse and unmarried children under 21 may get O-3 status for the same period. They cannot work, but they may study.

Does the travel ban stop O-1 visas?

For nationals of the 19 fully suspended countries, such as Haiti, the proclamation suspends O visas, with limited exceptions. For Venezuela and Cuba, it does not suspend O visas, but visa validity may be shorter.

Related

Official sources