What O-1 is
The O-1 classification is for a person with extraordinary ability in the sciences, arts, education, business or athletics, shown by sustained national or international acclaim, or with a demonstrated record of extraordinary achievement in motion picture or television productions. You must be coming temporarily to the United States to continue work in that area. The job itself does not have to be one that requires a person of O-1 caliber, the State Department's Foreign Affairs Manual (FAM) notes.[1,2,3]
U.S. Citizenship and Immigration Services (USCIS) says O-1 is commonly referred to as two types: O-1A for the sciences, education, business or athletics, and O-1B for the arts or for extraordinary achievement in the motion picture or television industry.[2]
O-1, O-2 and O-3: the official classes
| Symbol | Official class | Section of law | Who it covers |
|---|---|---|---|
| O1 | Worker with Extraordinary Ability or Achievement in Sciences, Arts, Education, Business, or Athletics | INA 101(a)(15)(O)(i) | The person with extraordinary ability or achievement; only one beneficiary per O-1 petition |
| O2 | Person Accompanying and Assisting in the Artistic or Athletic Performance by O1 | INA 101(a)(15)(O)(ii) | Essential support staff for an O-1 artist or athlete, on a petition separate from the O-1's |
| O3 | Spouse or Child of O1 or O2 | INA 101(a)(15)(O)(iii) | The spouse and unmarried children under 21 who accompany or follow to join the O-1 or O-2 |
What "extraordinary" means and how it is shown
| Track | The standard |
|---|---|
| O-1A: sciences, education, business, athletics | Extraordinary ability: a level of expertise showing you are one of the small percentage who have risen to the very top of the field |
| O-1B: arts | Extraordinary ability means distinction: a high level of achievement shown by skill and recognition substantially above that ordinarily encountered, so that you are prominent, that is, renowned, leading or well-known in the field of arts |
| O-1B: motion picture or television | Extraordinary achievement: a very high level of accomplishment shown by skill and recognition significantly above that ordinarily encountered, so that you are recognized as outstanding, notable or leading in the field |
| Type | What the regulation asks for |
|---|---|
| Awards | Nationally or internationally recognized prizes or awards for excellence in the field |
| Memberships | Membership in associations in the field that require outstanding achievements of their members, as judged by recognized national or international experts |
| Published material about you | Material about you and your work in the field in professional or major trade publications or major media, with the title, date and author, and any necessary translation |
| Judging | Participation, on a panel or individually, as a judge of the work of others in the same or an allied field |
| Original contributions | Original scientific, scholarly or business-related contributions of major significance in the field |
| Scholarly articles | Authorship of scholarly articles in the field, in professional journals or other major media |
| Critical role | Employment in a critical or essential capacity for organizations and establishments with a distinguished reputation |
| High salary | A high salary or other remuneration that you have commanded or will command, shown by contracts or other reliable evidence |
| Type | What the regulation asks for |
|---|---|
| Lead roles | You have performed, and will perform, as a lead or starring participant in productions or events with a distinguished reputation, shown by evidence such as critical reviews, advertisements, publicity releases or endorsements |
| Recognition in the press | National or international recognition shown by critical reviews or other published material by or about you in major newspapers, trade journals, magazines or other publications |
| Distinguished organizations | You have performed, and will perform, in a lead, starring or critical role for organizations and establishments with a distinguished reputation, shown by articles in newspapers, trade journals, publications or testimonials |
| Commercial or critical success | A record of major commercial or critically acclaimed successes, shown by indicators such as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other achievements reported in trade journals, major newspapers or other publications |
| Recognition from experts | Significant recognition from organizations, critics, government agencies or other recognized experts in the field, in testimonials that clearly show the author's authority, expertise and knowledge of your achievements |
| High salary | A high salary or other substantial remuneration compared with others in the field, shown by contracts or other reliable evidence |
High confidence Counting criteria is not the whole test. USCIS says the record must include at least three different types of documentation, or comparable evidence in certain circumstances, and the evidence must, as a whole, show that you meet the standard. If the criteria do not readily apply to your occupation, the petitioner may submit comparable evidence for O-1A or for O-1B in the arts; the regulation's motion picture and television criteria have no such provision.[1,2]
What goes with Form I-129
- A copy of any written contract between the petitioner and you or, if there is no written contract, a summary of the terms of the oral agreement under which you will be employed.[1,2]
- An explanation of the nature of the events or activities, their beginning and ending dates, and a copy of any itinerary. Work in more than one location needs an itinerary with the dates and locations of work; when an agent files for several employers, the itinerary must also give the names and addresses of the actual employers and of the venues.[1]
- Evidence of your extraordinary ability or achievement under the criteria above. Affidavits from present or former employers or recognized experts must describe your recognition and ability in factual terms and explain the writer's own expertise and how they learned about your work.[1,2]
- A written advisory opinion from the appropriate consulting organization (the consultation, explained in the next section).[1]
- A legible photocopy of a supporting document can be sent instead of the original, but the original must be submitted if USCIS asks for it.[1]
The advisory opinion (consultation)
Consultation is mandatory before USCIS can approve an O-1 or O-2 petition, apart from the exceptions below; it is normally a written advisory opinion filed with the petition. For O-1 extraordinary ability, it comes from a peer group in your area (which may include a labor organization) or a person with expertise in your area. For O-1 in motion pictures or television, it comes from the appropriate union and a management organization. For O-2, it comes from a labor organization with expertise in the skill area, plus a management organization for film and television. The opinion is advisory and does not bind USCIS.[1,3]
Exceptions: if the petitioner shows that no appropriate peer group, including a labor organization, exists, USCIS decides on the evidence in the record. In an arts, entertainment or athletics case that USCIS decides merits expedited handling, USCIS itself asks the labor or management organization for an advisory opinion if none was submitted, and decides without it if there is no response within 24 hours. And for an artist of extraordinary ability seeking readmission to perform similar services within 2 years of a previous consultation, the regulation says consultation shall be waived; your employer or agent should submit a copy of the prior consultation with the petition and ask for the waiver.[1,2]
USCIS publishes an Address Index for I-129 O and P Consultation Letters, a list of known organizations that have agreed to provide consultation letters. It is not an exhaustive list, and petitioners may use other sources to find an appropriate peer group, labor or management organization. If the petition is filed without the advisory opinion, the Form I-129 instructions say to send a copy of the petition and all supporting documents to the appropriate organization when filing and to name that organization in the petition; they add that a petition filed without the actual advisory opinion will require substantially longer processing time.[1,10,11]
Who files: employers, agents and your own company
Besides a U.S. employer, a U.S. agent can file: for people who are traditionally self-employed or who use agents to arrange short-term work with numerous employers, and where a foreign employer authorizes the agent to act for it. The agent may be your actual employer, the representative of both you and the employer, or a person or entity the employer authorizes to act for it as its agent. A foreign employer (one that cannot be served with legal process in the U.S.) cannot petition directly; it must use a U.S. agent authorized to file the petition and to accept service of process in the U.S., on its behalf, in employer-sanctions proceedings under INA section 274A.[1,12]
High confidence A company you own may be able to file. The FAM notes that a separate legal entity owned by the O-1 may be eligible to petition on their behalf, and USCIS says a foreign employer may be a corporation owned wholly or partly by you, as long as a U.S. agent files. USCIS may ask for documents on ownership and control to confirm that the petitioner is a bona fide U.S. employer, that the petition is not based on speculative employment, and that the terms and conditions of the actual employment qualify for O classification.[3,12]
From petition to visa
File Form I-129
The petitioner files Form I-129 with the evidence and the consultation. It cannot be filed more than one year before your services are needed, and USCIS advises filing at least 45 days before the employment start date to avoid delays.[1,2]
USCIS decides
O petitions are decided at a USCIS service center, even in emergencies. If approved, the petitioner receives Form I-797, Notice of Action, showing your name, the classification and the petition's validity period.[1]
Visa at a U.S. embassy or consulate
With the approval, you apply for the O visa at a U.S. embassy or consulate. The approval does not by itself establish that you are eligible for a visa, and the consular officer can confirm the facts in the petition at the interview. If you do not need a visa, you may present a copy of the approval notice at the port of entry.[1,2,3,13]
Travel
Consulates may issue the visa up to 90 days before the start of status shown on Form I-797, but you can use it to apply for admission only starting 10 days before the approved period begins.[3]
How long you can stay
USCIS approves an O-1 petition for the time it decides is needed to accomplish the event or activity, up to 3 years; an O-2 petition runs for the time needed to assist the O-1, also up to 3 years. You may be admitted for the petition's validity period plus up to 10 days before it begins and 10 days after it ends, but you may work only during the validity period.[1,2]
To continue or complete the same event or activity, the petitioner files Form I-129 to extend both the petition and your stay, with a copy of your Form I-94 (Arrival/Departure Record) and a statement explaining why. Extensions come in increments of up to 1 year, plus 10 days to put your affairs in order. You must be physically present in the U.S. when the extension is filed, and a petition extension generally can be filed only while the original petition is still valid. The FAM notes that, unlike H-1B and L-1, O-1 has no overall limit on the total time you can spend in the U.S. in that status.[1,2,3]
High confidence If your O-1 job ends, you and your dependents are not considered out of status solely because the employment stopped, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once per validity period. During that time you may apply for an extension of stay or a change of status if otherwise eligible. The Department of Homeland Security (DHS) can shorten or eliminate this period, you may not work during it unless otherwise authorized, and the rule names O-1, not O-2. If the job ended for reasons other than voluntary resignation, the employer whose job offer was the basis of your status and the petitioner are jointly responsible for the reasonable cost of your return transportation to your last place of residence before you entered the U.S.[1,14]
Working, changing employers and amendments
You may work only for the petitioner through whom you got O status, and the FAM says any employment other than what the petition lists is strictly prohibited. To work for more than one employer in the same period, each employer must file its own petition, unless an established agent files the petition.[1,3,4]
To change employers, the new employer must file a petition and a request to extend your stay; if an agent filed the original petition, an amended petition must be filed, with evidence about the new employer and a request for an extension of stay. Any material change in the terms and conditions of employment or in your eligibility needs an amended petition, with fee. For an artist or entertainer, the petitioner can add performances or engagements during the petition's validity without amending, as long as they require someone of O-1 caliber.[1,2]
Professional O-1 athletes have a special rule: if you are traded to another organization, your employment authorization continues for 30 days after the acquisition, during which the new organization is expected to file a new petition. If it files within 30 days, you are considered in valid O-1 status and may keep working until the petition is decided; if it does not file in time, or the new petition is denied, employment authorization ends.[1,2]
O-2: support staff for an O-1 artist or athlete
O-2 is only for people coming solely to assist in the artistic or athletic performance of an O-1; an O-1 in science, business or education cannot bring O-2s. You must be an integral part of the actual performance and have critical skills and experience with that O-1 that are not of a general nature and are not possessed by a U.S. worker. For a film or television production, your skills and experience with the O-1 must not be of a general nature and must be critical because of a pre-existing, longstanding working relationship with the O-1 or, for a specific production, because significant production (including pre- and post-production) will take place both inside and outside the U.S. and your continuing participation is essential to completing it.[1,2]
The O-2 needs a separate Form I-129 from the O-1's. Up to 25 O-2s can share one petition if they assist the same O-1 for the same events or performances, in the same period and location. An O-2 cannot work separate and apart from the O-1 they support and can change employers only together with that O-1. Unlike an O-1, an O-2 visa applicant must show a residence abroad that they do not intend to abandon, and the same standard applies to O-3 family accompanying an O-2.[1,3]
Spouse and children (O-3)
Your spouse and unmarried children under 21 who accompany you or join you later can get O-3 status, with the same period of admission and limitations as you. In O-3 status they may study full time or part time, but they may not work unless they qualify on their own for a status in which employment is, or can be, authorized.[1,2,3]
When you extend your stay, your spouse and children file Form I-539 to extend theirs. If a family member applies for an O-3 visa to join you later, the consular officer must be satisfied that you are maintaining O status; if there is no ready way to verify that, the officer may suggest that you provide a copy of your Form I-94 and your current visa.[2,3]
Fees
| Item | Amount | When it applies |
|---|---|---|
| Form I-129, O petition | $1,055 paper / $1,005 online | Each petition; one beneficiary per O-1 petition, up to 25 per O-2 petition |
| Form I-129, O petition by a small employer or nonprofit | $530 paper or online | A small employer has 25 or fewer full-time equivalent employees in the U.S., including affiliates and subsidiaries. Nonprofits include 501(c)(3) tax-exempt organizations, not-for-profit primary or secondary schools, institutions of higher education, and governmental research organizations |
| Asylum Program Fee | $600; $300 small employer; $0 nonprofit | Paid with every I-129 on top of the filing fee; no online discount |
| Form I-907 premium processing (optional) | $2,965 | Paid separately from the other filing fees; the beneficiary cannot file it |
| O visa application fee (State Department) | $205 per person | Each person applying for an O visa at a U.S. embassy or consulate. A visa issuance (reciprocity) fee may also apply |
| Form I-539 (O-3 family extending or changing status in the U.S.) | $470 paper / $420 online | General filing fee |
O-1 and a green card
Seeking a green card does not by itself block O-1. The approval of a permanent labor certification or the filing of an immigrant (preference) petition is not a basis for denying an O-1 petition, an extension, or your admission, change of status or extension of stay; you may come temporarily as an O-1, depart voluntarily at the end of your authorized stay and, at the same time, lawfully seek permanent residence. The FAM says an O-1 visa applicant does not need a residence abroad they do not intend to abandon and calls dual intent permissible for O-1s, with the same standard for O-3s accompanying an O-1. It also says an O-1 applicant is presumed to be an immigrant until showing entitlement to O-1 status, and that an intent to remain in the U.S. temporarily is still a requirement for O-1 classification.[1,3]
High confidence O-1 is a temporary status, not a green card. The immigrant category for extraordinary ability (EB-1A) is a separate petition on Form I-140, and unlike O-1, you or anyone on your behalf can file it. See the EB-1A page.[1,17]
Common mistakes
- Filing an O-1 or O-2 extension or change of status on Form I-539. Those requests go on Form I-129 (Form I-539 is for the O-3 family). USCIS warns that filing on the wrong form may result in rejection or denial, and it will not refund fees if the case is denied.[2,18]
- Sending a plain copy of a consultation letter that has a watermark or other distinctive marks. Submit the version with the marks, legible; USCIS says copies without them may raise doubts about authenticity, cause delays, and lead it to ask for the original.[2]
- Requesting a validity period the events do not cover. The petitioner must show there are events or activities in your field for the whole period requested, such as an itinerary for a tour or a series of events.[2]
USCIS O petition data
Official USCIS statistics
OfficialDecision approval rate · FY2025
93.9%
Approved 29,733 · Denied 1,948
▼ 0.6 pts vs. same period a year earlier (FY2024: 94.5%)
Approved ÷ (approved + denied) in the same period. Pending cases are not counted. Decisions in a quarter can come from petitions filed earlier, so this is the share of decisions that were approvals — not the chance that a petition filed today will be approved.
Source: Nonimmigrant Worker Petitions by Case Status and Request for Evidence (RFE) (Fiscal Year 2024, Quarter 4) · Published Dec 16, 2024 · Retrieved Sep 27, 2026
Source: Nonimmigrant Worker Petitions by Case Status and Request for Evidence (RFE) (Fiscal Year 2025, Quarter 4) · Published Mar 24, 2026 · Retrieved Sep 27, 2026
Processing time (Form I-129, O)
USCIS published processing time
OfficialMedian from USCIS's quarterly report
- I-129 · FY2026 Q3 · all offices9.5 months
All I-129 categories combined; the report does not split I-129 by category.
Half of the cases USCIS completed in that quarter took this long or less, from receipt to decision. Half took longer. The report does not say whether premium-processing cases are included. It is a different measure from the processing-times tool, so the two are not compared.
For the current figure for your form and office, check USCIS directly: USCIS processing times
Source: All USCIS Application and Petition Form Types (Fiscal Year 2026, Quarter 3) · Retrieved Sep 27, 2026
Recent policy changes
Recent policy changes
Official- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration FeesOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee RuleSep 30, 2026 · Federal Register (federalregister.gov API) · Status: Final rule · Not yet reviewed
- USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related FeesSep 30, 2026 · USCIS alerts RSS feed · Not yet reviewed
Ask WELIVEINUSA Visa
Ask WELIVEINUSA Visa
Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".
Questions people ask
Can I file the O-1 petition for myself?
High confidence No. The regulation says an O worker may not petition for themselves; a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent must file. A company you own may be able to act as the petitioner, but USCIS may ask for proof of ownership and control to confirm it is a bona fide employer, the job is not speculative, and the terms of the actual job qualify for O classification. An immigration attorney can apply this to your setup.[1,3,12]
Can a chef, craftsman or makeup artist qualify?
High confidence The field itself can. The FAM says DHS reads the law to cover "any field of endeavor," which may include craftsmen, lecturers and the culinary arts, and the regulation's definition of arts includes the culinary arts and names makeup artists, costume designers and set designers among the essential people in the arts. The standard does not change: you still have to meet the O-1 standard for your field, shown with the evidence criteria above.[1,3]
Is there a minimum salary or prevailing wage for O-1?
High confidence USCIS's question-and-answer page says the O regulations do not contain a prevailing wage requirement and that no particular wage structure is required. It says this about petitions filed by a U.S. agent acting as the employer, which still must include evidence of the wage offered. Separately, a high salary is one of the evidence types you can use, not a requirement on its own.[1,12]
Can I travel abroad while my extension is pending?
The extension must be filed while you are physically in the U.S. If you then leave for business or personal reasons while the requests are pending, the petitioner may ask USCIS to send notice of the petition extension's approval to the consulate where you will apply for a visa.[1,3]
What is the difference between O-1 and P-1?
High confidence O-1 rests on one person's own extraordinary ability or achievement, and each O-1 petition covers one person. P-1 is for an athlete competing at an internationally recognized level, individually or on a team, or for a member of an entertainment group recognized internationally as outstanding, who ordinarily has been with the group for at least 1 year. See the P visa page.[1,19]
Related categories
Content last reviewed: Oct 18, 2026 · General information, not legal advice.
Sources
- 1.8 CFR 214.2(o) - Aliens of extraordinary abilityeCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 2.O-1 Visa: Individuals with Extraordinary Ability or Achievement - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 3.9 FAM 402.13 EXTRAORDINARY ABILITY - O VISASU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
- 4.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 5.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 6.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 7.8 CFR 106.4 - Premium processing serviceeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 8.How Do I Request Premium Processing? - USCISUSCIS · Agency page · Checked Sep 27, 2026
- 9.22 CFR 41.12eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 10.Address Index for I-129 O and P Consultation Letters - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 11.Instructions for Form I-129 (edition 09/09/26)USCIS · Form / instructions · Checked Sep 27, 2026
- 12.O Nonimmigrant Classifications: Question and Answers - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 13.22 CFR 41.55eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 14.8 CFR 214.1 - Requirements for admission, extension, and maintenance of statuseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 15.8 CFR 106.1 - Fee requirements (definitions)eCFR (Office of the Federal Register) · Regulation · Checked Oct 12, 2026
- 16.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 17.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 18.I-539, Application to Extend/Change Nonimmigrant Status - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
- 19.8 CFR 214.2(p) - Artists, athletes, and entertainerseCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026