O-1
The O-1 is a temporary work visa for people with extraordinary ability or achievement. It is not a green card and does not grant permanent residence.
Extraordinary ability or achievement
What it is
The O-1 allows a person with sustained recognition in their field to work in the United States for a set period. There are two main groups:
- O-1A: extraordinary ability in the sciences, education, business or athletics
- O-1B: extraordinary ability in the arts, or extraordinary achievement in motion picture or television
What is generally evaluated
The analysis looks at the quality of the evidence, not just the years of experience. Depending on the case, it may include:
- Nationally or internationally recognized awards
- Published material about the person and their work
- Membership in associations that require outstanding achievement
- Significant original contributions to the field
- Judging the work of others
- Critical roles in distinguished organizations
- High compensation compared with others in the field
A single document says little. The set of evidence needs to show the level the category requires.
Who files the petition
The petition is filed by a U.S. employer or a U.S. agent, not by the individual alone. A written advisory opinion from a peer group or relevant organization is also generally part of the filing.
Length of stay
The initial period may be up to three years, and extensions may be requested while the same activity continues. Spouses and unmarried children under 21 may be eligible for O-3 status, which does not allow them to work.
Common questions
Is the O-1 a green card?
No. It is a temporary work visa. Permanent residence requires a separate process, when the person is eligible for one.
Is it a faster path?
The O-1 is not subject to the same green card visa queues, so it is often considered by people who want to start working in the U.S. sooner. Timing varies from case to case and cannot be guaranteed.
Can I apply on my own?
No. An O-1 requires a U.S. employer or agent to file the petition.
General information only. Eligibility, approval and timing depend on each case and cannot be guaranteed.