O1 visa requirements: the eight O-1A criteria
An O-1A petition needs evidence of a major, internationally recognized award such as a Nobel Prize, or at least three of the following.[2]
| # | Criterion |
|---|---|
| 1 | Nationally or internationally recognized prizes or awards for excellence in the field |
| 2 | Membership in associations that require outstanding achievements, as judged by recognized experts |
| 3 | Published material about the person in professional or major trade publications or major media |
| 4 | Participation as a judge of the work of others in the field |
| 5 | Original scientific, scholarly or business contributions of major significance |
| 6 | Authorship of scholarly articles in professional journals or other major media |
| 7 | Employment in a critical or essential capacity for organizations with a distinguished reputation |
| 8 | A high salary or other high remuneration, now or in the future |
If these criteria do not readily apply to the occupation, comparable evidence may be submitted.[2] O-1B for the arts and for motion pictures and television uses separate criteria.[2][1]
The advisory opinion (consultation)
Every O-1 petition needs a written advisory opinion from a peer group, labor and/or management organization in the field; for film and television, from both a union and a management organization.[2] USCIS may waive a new consultation for an arts beneficiary returning within two years of a previous consultation to perform similar services.[1]
How long the O-1 lasts and how to file
An O-1 petition may be approved for up to 3 years, and extensions are granted in increments of up to 1 year to continue or complete the same event or activity.[2][1] Petitions can be filed up to one year before the work starts; USCIS recommends at least 45 days.[1] Premium processing for O petitions costs $2,965 under the current fee schedule.[3][4] O-3 dependents may not work.[1]
Unlike the H1 B visa, the O-1 has no annual cap or lottery, which is why it is popular with founders and researchers who missed the H1B lottery. The closest green card category is EB-1A, a different, stricter standard; check its queue on the visa bulletin.
Frequently asked questions
What are the O1 visa requirements?
For O-1A: a major international award, or evidence meeting at least three of eight criteria such as awards, published material about you, judging, original contributions, scholarly articles, critical roles and high pay. Every petition also needs an advisory opinion and a U.S. employer or agent.
How long does an O-1 visa last?
Up to 3 years initially, then extensions of up to 1 year at a time for as long as the same activity continues.
Is the O-1 visa better than the H-1B?
It avoids the lottery and has no 6-year limit, but the evidence bar is much higher and the visa is tied to the specific activity in the petition.