O-1 Visas: The Complete Guide 2025

The O-1 visa is a highly sought after non-immigrant visa for individuals who have extraordinary abilities. It is for those who are recognized nationally or internationally in the sciences, business, education, athletics, or motion picture and television industries. This visa allows qualified individuals to come to the US to continue to work in their field.

Background of O-1 visa

The O visa category was created by the Immigration Act of 1990 to accommodate exceptionally talented individuals and allow them to enter the US. The United States Citizenship and Immigration Services (USCIS) oversees the O-1 visa process, ensuring that applicants meet the stringent requirements. Immigration services play a crucial role in determining eligibility and processing the O-1 visa, emphasizing the need for proper documentation and compliance with USCIS regulations. However, its implementation was delayed until April 1, 1992 due to the Armed Forces Immigration Adjustment Act. Prior to the O visa, individuals with extraordinary abilities entered under other visa categories such as the H-1 (for those with extraordinary merit and ability), H-2 (for temporary workers) and B-1 (for business visitors).

O-1 Visa Benefits

Compared to the H-1B visa, the O-1 visa has several advantages:

·         Unlimited Extensions: Renew the O-1 visa as many times as you want (in one-year increments) as long as you qualify.

·         Work Flexibility: Work for multiple employers or even for yourself as long as the work is in your field of extraordinary ability.

·         No Lottery: No annual quotas and no registration deadlines.

O1 Challenges and Opportunities

Challenges:

·         Must provide detailed and strong evidence of qualifications.

·         Requires meticulous preparation and often needs legal or immigration expertise.

Opportunities:

·         Global mobility for top talent.

·         Work with leading organizations and contribute to projects in the US.

Who is eligible for O-1 visa?

To qualify for O-1 visa, you must prove your exceptional skills and achievements in your field. O-1 visa has two categories:

1. O-1A: For individuals with exceptional skills and achievements across all fields. This guide covers the benefits of O-1 visa, the evidence required and strategies to support your application. For those with extraordinary ability in science, education, business or athletics.

2. O-1B: For those in the arts or those with extraordinary achievement in motion picture and television (MPTV) industries.

3. O-2: Those who will accompany an O-1 artist or athlete to assist in a specific event or performance;

4. O-3: Spouse or children of O-1 and O-2 visa holders.

What is Extraordinary Ability?

The O-1 visa category varies slightly by field but in all cases the beneficiary must have sustained national or international recognition or extraordinary achievement. Here are the details:

O-1A (Sciences, Education, Business, Athletics)

·         Definition: At the very top of the field worldwide.

·         Recognition: National or international recognition is required.

O-1B (Arts):

·         Definition: Distinction meaning above the norm, above the ordinary, prominent or renowned in the field.

·         Recognition: National or international recognition and has distinction in the field of arts

O-1B (Motion Picture or Television Industry – MPTV):

·         Definition: Extraordinary achievement, with evidence of skills and recognition beyond what is normally encountered in the industry.

·         Recognition: record of extraordinary achievement in the motion picture and television industry to the extent he or she has high level of accomplishment in the motion picture or television industry evidenced by skills and recognition beyond what is normally encountered to the extent the person is prominent, notable or leading in the field.

The O-1A visa recognizes extraordinary ability in business, science, education and athletics with specific criteria for each field. In business and entrepreneurship, you can qualify by achieving big milestones like leading a startup through major funding rounds, successful IPOs or acquisitions, being named “Top Entrepreneur”, being a thought leader through conference invites or publications and being an executive like CEO or CTO.

In science, qualifications include groundbreaking research published in top journals, Nobel Prize, original patents and membership in exclusive organizations that require exceptional contributions. For education, you can highlight exceptional teaching through awards or innovative methods, impactful research with high citations or grants, national or international recognition and membership in distinguished organizations.

In athletics, qualifications include high level achievements like Olympic medals or world titles, being named “Athlete of the Year”, contributions to the sport through innovations in training or equipment and leadership roles like team captain or coach for elite teams. Each field has unique achievements that showcase your extraordinary ability and impact.

O-1 visa is a great choice for leaders in their field to work in the US with their team and family. Its flexibility and broad industry coverage makes it a top choice for extraordinary talent worldwide.

Key Requirements for O-1A Visa

The petition must include:

·         Sustained Recognition: Evidence of achievements through major awards or at least three of the following

·         Internationally Recognized Prizes: Evidence of internationally recognized prizes as a form of demonstrating extraordinary ability.

·         Field-Specific Contributions: In science, education, business or athletics.

·         Intent to Continue Work: Evidence that the individual will continue to work in their field in the US.

Being recognized in professional or academic fields often requires showing exceptional achievements, leadership and contributions. This guide covers the key areas of distinction and provides actionable tips and new information to help you navigate and get recognized under different criteria.

Determining the Relevant Standard

Sometimes it may not be clear whether the individual’s work falls under O-1B (Arts) or O-1B (MPTV). Officers will consider:

·         Nature of the Work:

 

o   If the beneficiary’s work is closely related to motion picture or television production, MPTV applies.

o   Web series, commercials or streaming content is often categorized as MPTV.

 

·         Incidental MPTV Work:

 

o   If the individual’s involvement with motion picture or television production is incidental (e.g. interviews or promotions), O-1B (Arts) might be more appropriate.

Examples of MPTV Work: Hosts or judges on reality shows are part of the MPTV industry, but contestants or interviewees promoting their artistic work are not.

New Considerations

USCIS recognizes that new forms of media including streaming platforms and online productions fall under the MPTV category. But self-produced content or static web content does not qualify.

Determining Eligibility for O-1 Classification

The Evidence Standard

To qualify, the petitioner must present a strong case with documentation. The requirements are:

1. Evidentiary Criteria

The petition must show either:

Receipt of a qualifying award (or nomination, if applicable) or

At least three of alternate criteria such as:

1. Major awards in the field.

2. Membership in organizations that require outstanding achievement.

3. Published material about the individual’s work.

4. Judging the work of others

5. Contributions of great importance to the field.

6. Authorship of scholarly articles

7. Leading or critical role in distinguished organizations or projects.

8. High salary compared to others

9. Holistic Evaluation

Meeting the evidentiary criteria alone is not enough. USCIS will consider the totality of the evidence to determine if the individual really meets the standard of extraordinary ability or achievement.

Steps to Evaluation

1. Evaluate Evidentiary Requirements:

The officer checks if the evidence meets the minimum requirements in the regulations.

2. Totality of Evidence:

Beyond meeting the basic requirements, the officer will consider the entire case to determine if the individual is one of the best in their field.

3. Articulate Decisions:

If denied, USCIS must explain why the evidence did not meet the standards.

SATISFYING O1-A EVIDENTIARY REQUIREMENTS

The Evidence Standard

To qualify for the O-1A visa, the petitioner must present a strong case with substantial documentation. This includes evidence of either receiving a qualifying award (or nomination, if applicable) at a national or international level or meeting at least three of:

1. Major awards in the field.

2. Membership in organizations that require outstanding achievement.

3. Judging the work of others

4. Published material about the individual’s work.

5. Contributions of great importance to the field.

6. Authorship of scholarly articles

7. Leading or critical role in distinguished organizations or projects.

8. High salary compared to others

1.      Awards of National or International Importance

Examples:

• Awards from well-known national institutions or professional associations.

• Doctoral dissertation awards and Ph.D. scholarships with broad recognition.

• Prizes for presentations at national or international conferences

Key Points:

1. Selection Criteria:

o   The award must be based on rigorous criteria that recognize excellence.

Examples are competitive processes that highlight outstanding achievements.

2. Recognition Level:

o   Awards should be national or international.

 

o   Awards from R1 or R2 institutions or professional associations carry more weight.

3. Scope of Eligibility:

o   Awards limited to small areas, employers or single schools may not be widely recognized.

 

o   Awards open to professionals or members of notable institutions are more meaningful.

4. Number of Recipients:

o   Exclusivity makes the award more prestigious.

 

2.      Membership in Exclusive Professional Associations

Examples:

• Fellowships with organizations like IEEE or AAAI.

• Membership in societies that require proven excellence in the field.

Key Points:

1. Eligibility Criteria:

o   Membership must be based on substantial achievements, judged by experts in the field.

 

o   General memberships based on fees, education or subscriptions are not as meaningful.

2. Level of Membership:

o   Higher levels, such as Fellow, often imply major contributions.

3. Evaluation Process:

o   Nominees are usually evaluated by a board or committee of experts.

Examples:

IEEE Fellows: Significant contributions to engineering and technology. AAAI Fellows: Sustained contributions to artificial intelligence.

3.      Published Material about the Beneficiary’s Work

Examples:

• Newspaper articles, journal features or books about the beneficiary’s work.

• Online publications or media interviews about achievements.

Key Points:

1. Substantial Focus:

o   The material should be about the beneficiary’s work, not just mention it.

2. Reputable Outlet:

o   The publication should be a well-known outlet in the field, with broad reach or audience.

3. Team Contributions:

o   Publications about team work must clearly show the beneficiary’s specific contributions.

 

4.      Judging the Work of Others

Examples:

• Reviewing conference papers, journal articles or research grant proposals.

• Serving on doctoral committees or expert panels.

Key Points:

1. Active Role:

o   Evidence must show the beneficiary was involved in evaluating others’ work.

o   Invitations alone are not enough; reviews or judging records are required.

2. Relevance:

o   The judging must be in the beneficiary’s field or related area.

 

5.      Original Contributions of Major Importance

Examples:

• Patented inventions in widespread use.

• Research cited by many peers.

Key Points:

1. Demonstrated Effect:

o   The contribution should be seen as game changing in the field.

2. Supporting Evidence:

o   Letters from experts, citation analysis or commercial success of patents.

3. Field Impact:

o   Contributions should address key challenges or advance knowledge in the field.

 

6.      Authorship of Research Papers

Examples

• Articles in reputable, peer-reviewed journals related to the field.

• Papers or presentations at national or international conferences

Key Points

1. Authorship:

o   The beneficiary must be an author, but not necessarily the sole or first author.

2. Scholarly:

o   Articles must report research, experimentation or philosophical analysis.

 

o   In academic fields, scholarly works often include peer-reviewed content, footnotes, bibliographies and visual data (e.g. charts or graphs).

 

o   In non-academic fields, the articles should be expert content for professionals in the field.

3. Relevance and Impact:

o   The publication should be to experts or professionals and make a major contribution to the field.

 

o   Circulation or readership of the journal or media outlet can add weight to the article.

4. Supporting Materials:

o   Submit copies of the articles and information about the publication’s reputation and reach.

 

o   Citations are not required but can help.

 

7.      Critical Roles in Notable Organizations

Examples:

• Senior positions in academic departments or organizations.

• Founders or IP contributors to successful companies.

Key Points:

1. Role Nature:

o   Roles should show significant impact on the organization.

 

o   Leadership or key responsibilities often qualify.

2. Organization Reputation:

o   Reputation can be demonstrated through rankings, grants or funding.

3. Supporting Materials:

o   Letters from credible sources explaining the role’s significance are helpful.

 

8.      Commanding High Salary

Examples:

• Evidence of above market rate salaries in the field.

• Contracts or offers showing future earning potential.

Key Points:

1. Comparative Data:

o   Use wage surveys or stats to benchmark against industry standards.

2. World Wide:

o   For global professionals, compare to local rates.

3. Other Metrics:

o   For founders, consider funding received as a measure.

General Guidelines for Submitting Evidence

·         Ensure Authenticity: Submit official, credible, and properly formatted documents.

 

·         Align with Criteria: Organize evidence to match specific USCIS requirements.

 

·         Highlight Contributions: Clearly demonstrate the beneficiary’s specific impact and role in achievements.

 

·         Provide Supporting Data: Include letters, benchmarks, or context to validate claims (e.g., salary comparisons, organizational rankings).

 

·         Future Activities: Use past successes or anticipated outcomes to support prospective roles or events.

 

·         Detailed Testimonials: Submit expert letters that clearly explain the beneficiary’s achievements and significance.

 

·         Professional Presentation: Organize evidence with a table of contents and highlight key points.

 

·         Address Gaps: Include explanations or extra evidence to pre-emptively address potential USCIS concerns.

The O1-B requires the petitioner to show strong evidence of the beneficiary’s extraordinary ability or achievement. Below is a breakdown of the evidentiary requirements and considerations.

1.      Lead or Starring Role in Distinguished Productions or Events

Examples

• Critical reviews highlighting the beneficiary’s role.

• Advertisements or publicity releases featuring the beneficiary.

• Media coverage, contracts, or endorsements showcasing the beneficiary’s involvement.

Key Considerations

1.     Nature of the Role:

o   Lead means principal or key role in the production or event.

 

o   Starring means or indicates a position of significant prominence compared to others involved.

2.     Distinguished Reputation of Productions or Events:

o   High attendance or viewership.

 

o   Good reviews from reputable sources.

 

o   Commercial success or industry recognition.

3.     Future Roles:

o   Documentation of future lead or starring roles may include advance publicity or reputation of similar past productions.

4.     Supporting Documentation:

o   Make sure materials like reviews, publicity and endorsements show the beneficiary’s involvement in the production or event.

 

2.      National or International Recognition for Achievements

Examples

• Reviews by critics or organizations.

• Published by or about the beneficiary in major newspapers, trade journals, magazines or online publications.

Key Considerations

1.     Recognition Scope:

o   National or international recognition must be present in the materials provided.

 

o   Articles don’t have to be about the beneficiary but should mention their work or participation.

2.     Publication Prestige:

o   Circulation or readership figures of the publication can add weight to the evidence.

3.     Supporting Documentation:

o   Submit the materials and make sure they highlight the beneficiary’s achievements and impact on the field.

 

3.     Lead, Starring or Critical Role for Distinguished Organizations or Institutions

Examples

• Articles in newspapers, trade journals or other publications about the beneficiary’s role.

• Detailed letters or testimonials from people who know the beneficiary’s work.

Key Considerations

1.     Nature of the Role:

o   Lead role means primary responsibility in the organization.

o   Starring roles means more prominent than others in the organization.

o   Critical roles mean significant contribution to the organization’s success.

2.     Reputation of the Organization:

• Distinguished organizations can be:

o   Media covered or publicly recognized.

o   Large scale or customer base.

o   Longevity or historical significance.

3.     Supporting Documentation:

o   Testimonials should include author credentials, detailed description of the beneficiary’s role and organization’s reputation.

 

4.     Record of Major Commercial or Critically Acclaimed Successes

Examples

• Box office or financial reports for productions featuring the beneficiary.

• Box office or TV ratings.

• Good reviews or reports in trade journals, newspapers or other publications.

Key Considerations

1.     Commercial Success:

o   How did the beneficiary’s involvement contribute to the production’s success?

2.     Critical Acclaim:

o   Positive reviews or recognition from critics or industry leaders.

3.     Supporting Documentation:

o   Make sure the evidence links the production’s success to the beneficiary’s specific work and highlights their role.

 

5.     Significant Recognition for Achievements

Examples

• Testimonials from critics, government bodies or experts in the field.

• Letters or endorsements about the beneficiary’s achievements and what they mean.

Key Considerations

1.     Recognition Credibility:

o   Testimonials must show the credibility and expertise of the recognizing entity or person.

2.     Details of Achievements:

o   The testimonial should describe the achievements being recognized and the beneficiary’s impact in the field.

3.     Supporting Documentation:

o   Include full details of the recognizing entity, author’s credentials and basis for recognition.

High Income or Significant Earnings

Examples

• Contracts or job offer letters.

• Salary surveys or reports comparing the beneficiary’s salary to industry benchmarks.

Key Considerations

1.     Industry Benchmarks:

o   Evidence must show the beneficiary’s salary is much higher than others in the field.

 

o   Use reputable salary surveys or government data for comparison.

2.     Supporting Documentation:

o   Contracts should state the remuneration terms and supplementary material should back up the comparison.

3.     Extra Context:

o   Consider location, occupation specifics and currency when comparing salaries.

 

o   For project-based pay, include hours worked or daily rate.

General Guidelines for Submitting Evidence

o   Make sure all evidence is genuine, clear and formatted properly.

 

o   Show the beneficiary’s involvement and how they contributed to the success of productions, organizations or events.

 

o   Add extra context about the entity or person endorsing to make it more credible.

By following these evidence requirements petitioners can build a strong case for the O-1B visa.

Eligibility for Emerging Fields

The O-1 visa is not limited to traditional fields like arts, sciences or athletics. Professionals in emerging fields like esports, artificial intelligence ethics, cryptocurrency development, sustainable technology can also qualify. Just frame their contributions as extraordinary in their niche.

How to Show Extraordinary Ability in Niche Fields

·         Community Leadership: Evidence of creating industry standards or best practices within a niche.

·         Unconventional Metrics: Use unusual yet compelling evidence such as patent citations, GitHub project popularity or keynote invitations at industry events.

·         Adapted Documentation: Submit testimonials from global thought leaders or organizations that understand the niche.

Example: An esports coach who has led teams to international championships and developed new training methods could qualify under O-1B.

Pre- and Post-Production in the Motion Picture Industry

While the O-1 visa is famous for actors and directors, behind-the-scenes professionals in pre- and post-production can also qualify.

Qualifying Positions

·         Pre-Production: Script supervisors, casting directors or location scouts who have worked on internationally recognized productions.

·         Post-Production: Editors, sound designers or VFX specialists whose work was critical to big budget films.

Evidence Strategies

·         Visual Comparisons: Before-and-after reels of the beneficiary’s edit or VFX work.

·         Team Contributions: Letters from production companies explaining the beneficiary’s unique contribution.

O-1 Visa for Entrepreneurs and Founders

Startup founders and entrepreneurs can also use the O-1 visa even if their company is early stage.

Key Areas for Entrepreneurs

·         Funding: Proof of securing venture capital or grants.

·         Market Impact: Evidence of launching products that changed the market.

·         Recognition: Awards, press or keynotes that highlight the founder’s vision.

Example: A fintech founder recognized by Forbes 30 Under 30 with funding from top VCs could use these credentials.

Special Challenges

·         Proving Extraordinary Ability: Entrepreneurs must position themselves as visionaries not just business operators.

·         Flexible Itineraries: For founders with multiple locations, a clear explanation of U.S.-based business activities is required.

O-1 Visa for Self-Published Authors and Independent Artists

Self-published authors, independent musicians and digital creators often overlook the O-1 visa thinking they don’t have traditional representation so they don’t qualify. But their independent success can be a strong case for eligibility.

What is Extraordinary Ability?

·         Sales Metrics: High sales numbers or chart rankings for books or albums.

·         Fanbase: social media following or fan support that shows significant reach.

·         Influence: Recognition in industry blogs, awards or invitations to perform or speak.

Example: A self-published author with Amazon bestsellers and media coverage could qualify under O-1B.

Comparable Evidence For O-1 Visa Qualification

If the standard evidence does not apply to the beneficiary’s occupation, the petitioner can submit Comparable Evidence to show the beneficiary’s extraordinary ability and O-1 qualification. This allows for individuals in unusual or non-traditional fields to still meet the high standards.

When Can Comparable Evidence Be Used?

Comparable Evidence Eligibility

o   Petitioners must try to submit the evidence listed in the O-1 criteria when it applies.

o   If the criterion does not apply to the beneficiary’s field, Comparable Evidence may be submitted.

Key Rules for Similar Evidence

1.      Explanation of Inapplicability:

o   The petitioner must explain why the standard criterion does not apply to the beneficiary’s occupation.

o   A general statement is not enough; the explanation must be specific, detailed and believable.

2.      Comparable Evidence Provided:

o   The petitioner must explain why the submitted evidence is similar to the listed criterion.

3.      Not Limited to STEM or Unconventional Fields:

o   Comparable Evidence can be used for any field, arts, STEM or business, if the petitioner explains inapplicability of a criterion to the beneficiary’s position.

Examples of Comparable Evidence

Scenario 1: Scholarly Articles

Standard Criterion: Publication of scholarly articles in peer-reviewed journals.

Comparable Evidence:

o   Presentations at major industry trade shows or conferences.

o   Development of innovative products or processes showcased in recognized forums.

Scenario 2: High Salary

Standard Criterion: Earning a high salary compared to peers in the field.

Comparable Evidence:

o   Significant equity holdings in a startup company.

o   Revenue or funding generated through entrepreneurial activities.

Scenario 3: Awards

Standard Criterion: Receiving nationally or internationally recognized awards.

Comparable Evidence:

o   Awards or recognitions specific to niche fields or industries.

o   Leadership in competitive programs or fellowships.

Guidelines For Submitting Comparable Evidence

1.      Meet the Evidence Threshold:

o   Even when using comparable evidence, the petitioner must meet at least three separate evidence criteria as listed by USCIS.

2.      Strong Justification:

o   Explain why the standard criterion does not apply and how the submitted evidence is similar.

3.      Maintain the O-1 Standard:

o   Comparable Evidence must still meet the high standard of national or international recognition and extraordinary ability.

4.      Focus on Relevance and Impact:

o   The evidence should show how the beneficiary’s achievements impact their field and why they are extraordinary.

Practical Examples of Using Comparable Evidence in STEM Fields

·         Research Presentations: If publications don’t apply, evidence of presenting innovative research at major industry trade shows or conferences.

·         Industry Impact: Developing technologies, products or patents that are widely used or recognized within the industry.

·         Professional Influence: Membership in advisory boards or committees where the beneficiary’s expertise sets industry standards.

For more info: https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement.

https://www.uscis.gov/policy-manual/volume-2-part-m

O-2 Beneficiaries: O-1 Support

Overview

The O-2 visa classification is for individuals who support O-1 performers in artistic or athletic performances. These individuals must have skills and experience that are critical to the O-1 beneficiary’s success, and are essential to the event or production. Here’s the breakdown of the eligibility requirements, documentation and other key points for O-2 beneficiaries.

Who is an O-2 Beneficiary?

An O-2 beneficiary is someone:

• Accompanies an O-1 visa holder (a person of extraordinary ability in the arts, athletics, or the motion picture/television industry).

• Provides support that is critical to the O-1 beneficiary’s performance.

• Has skills and experience that cannot be found among U.S. workers.

Note: O-2 visas are only for O-1 beneficiaries in arts, athletics, or the motion picture/television industry. Not for business, education or science.

Requirements for O-2 Visa

To be an O-2 beneficiary the individual must meet specific requirements based on the type of work of the O-1 beneficiary:

Artists and Athletes

• The O-2 beneficiary must be part of the O-1 beneficiary’s performance or event.

• The individual must have skills or experience that are critical to the O-1’s success and not general.

• These skills cannot be found among U.S. workers.

Motion Picture and Television

• The O-2 beneficiary must have a long-standing working relationship with the O-1 beneficiary.

• Their skills and experience must be critical to the O-1’s performance because of this existing relationship.

• If assisting in a specific production, most of the production must take place both inside and outside the U.S. and the O-2 beneficiary’s continued participation must be necessary for the production to be completed.

Restrictions and Conditions for O-2 Visa

• Role Exclusivity: O-2 beneficiaries can only work for the O-1 beneficiary they are accompanying.

• Employment Changes: They can only change employers if the O-1 beneficiary also changes employers.

• Separate Petitions: Multiple O-2 beneficiaries can be on one petition but they must be on a separate Form I-129 from the O-1 beneficiary.

When filing for an O-2 visa the petition must include detailed documentation to support the beneficiary’s essential role. The specific requirements vary based on the O-2 beneficiary is accompanying an O-1A (athlete), O-1B (artist) or O-1B in the motion picture/television industry.

General Requirements

For all O-2 petitions:

• Evidence must show the O-2 beneficiary is part of the O-1’s performance or event.

• Individual’s skills and experience must be clearly described, why these skills are not found among U.S. workers.

Motion Picture and Television Industry Requirements

In addition to the general requirements, O-2 petitions for the motion picture and television industry must include:

• Evidence of the O-2 beneficiary’s critical skills and substantial experience in supporting the O-1 beneficiary.

• For specific productions:

  • Proof that significant production activities have occurred outside the United States.

  • Evidence that similar activities will occur within the United States.

  • Documentation showing that the O-2’s participation is essential to completing the production.

Benefits of O-2 Visa

• Team Support: O-2s can bring their trusted team members so performances or productions can go smoothly.

• Industry Specific: Designed for arts, athletics and entertainment industries where unique collaborations are key.

Restrictions of O-2 Visa

• O-2s are tied to the O-1 and can’t work independently.

• Any changes to the O-1’s employment status affects the O-2’s eligibility.

Key Considerations for O-2 Petitions

·         Uniqueness:

o   Show O-2’s skills are one of a kind and can’t be replaced by other workers.

·         Provide Specifics:

o   Include specific documentation of O-2’s prior experience with O-1, highlighting their role.

·         Tie Evidence to Event:

o   Make sure evidence ties O-2’s role to the specific performance, event or production.

·         Consultations:

o   In some cases, USCIS may require opinions from relevant organizations to confirm O-2’s role.

Family Members of O-1 and O-2 Non-immigrants

Family members of O-1 and O-2 beneficiaries can accompany or join them in the US under O-3 dependent status. Below are the eligibility requirements, benefits and limitations for O-3 dependents.

Eligibility for O-3 Dependent Status

Who Qualifies?

·         Spouse:

o   Legally married spouse of an O-1 or O-2 non-immigrant.

·         Unmarried Children Under 21:

o   Children who are unmarried and under 21.

Duration of Stay

·         O-3 dependents are granted non-immigrant status for the same period as the principal O-1 or O-2.

·         Status is subject to same conditions and validity period as O-1 or O-2 principal.

Limitations for O-3 Dependents

·         Employment:

o   O-3 dependents are not allowed to work in the US under O-3 status.

o   They must apply for and obtain a separate work visa if they want to work.

·         Education:

o   O-3 dependents can enrol in educational programs, such as school or university courses.

How to Apply for O-3 Status?

·         With the O-1 or O-2 Beneficiary:

o   Dependents should be included in the visa application when O-1 or O-2 principal applies.

o   Required documents: proof of relationship (e.g. marriage certificate for spouse, birth certificate for children).

·         To Join Later:

If dependents are not traveling with the principal O-1 or O-2 beneficiary, they can apply for O-3 status later by providing:

·         Proof of principal’s O-1 or O-2 status (e.g. approval notice).

·         Evidence of their qualifying relationship to the principal (e.g. marriage or birth certificate).

Additional Notes

·         O-3 dependents can’t work, but they can use their time in the US to pursue education or training.

·         Any changes to the O-1 or O-2 principal’s status, including extensions or changes of employment, will affect the O-3 dependents’ status.

Exceptional Family Benefits

O-3 Dependent Opportunities

While O-3 dependents (spouses and children) can’t work in the US, they can access:

·         Educational Pathways: Spouses and children can enrol in full-time educational programs without additional visas.

·         Specialized Programs: Many universities and schools offer discounted tuition or financial aid packages for dependents of O-1 visa holders.

Spouse’s Career Development

O-3 spouses can build their skills for future employment through education or certifications while in the US and potentially transition to their own work visa (e.g. H-1B, O-1).

 

Who Can File the Petition?

A U.S. employer, U.S. agent, or a foreign employer acting through a U.S. agent must file the petition on behalf of the beneficiary (the individual with extraordinary ability). The filing must include Form I-129 and all required evidence specified in the form instructions.

Timing of the Petition

·         Maximum Filing Period: The petition cannot be filed more than one year before the services of the beneficiary are needed.

 

·         Recommended Filing Window: To avoid delays, file the petition at least 45 days before the intended employment start date.

Key Documentation Requirements

When filing an O-1 petition, the petitioner must include several types of evidence to establish eligibility. Below are the primary documents required:

1.      Evidence of Extraordinary Ability

Depending on the beneficiary’s field (arts, sciences, business, education, or athletics), evidence can include:

• Awards or recognition at a national or international level.

• Membership in associations requiring outstanding achievements.

• Published material about the beneficiary in professional or major trade publications.

• Original contributions of major significance in the field.

• Authorship of scholarly articles in professional journals or other major media.

• High salary or remuneration as compared to others in the field.

• Participation as a judge of others’ work in the same or an allied field.

• Evidence of employment in an essential capacity for distinguished organizations.

2.      Consultation Letters

Consultation

·         Definition: Written advisory opinion from a peer group, labour organization or expert in the beneficiary’s field.

·         Special Requirement for Motion Picture/TV Industry: If the beneficiary works in motion pictures or TV, the consultation must be from both a labour union and a management organization in the field.

Key Points to Avoid Delays:

·         Submit the original or a copy with a watermark or other authentication marks.

·         If USCIS doubts the authenticity, they may request the original and that can cause delays.

·         Exception: If no peer group exists, the petitioner can submit evidence without a consultation. If returning to perform similar services within 2 years of a prior consultation, a waiver can be requested.

The consultation is a required part of the O-non-immigrant visa process mandated by law to ensure the beneficiary’s qualifications meet the extraordinary ability or achievement requirements. This guide explains the consultation requirements for O-1 and O-2 petitions, each type, sources of advisory opinions and special situations.

Consultation Overview

A consultation is a written advisory opinion from a peer group, labor organization or expert in the beneficiary’s area of ability. The content and source of the consultation varies depending on the type of O visa petition.

Key Points:

·         They are advisory only and not binding on USCIS.

·         USCIS will consider the consultation along with the totality of the evidence in the petition.

·         A negative consultation does not automatically deny the petition but requires justification in the advisory opinion and can be overcome with additional evidence.

Consultations for Each O Visa Category

O-1A and O-1B (Arts)

Source of Consultation:

·         Peer Group: U.S.-based peer group (may include a labor organization) or expert in the beneficiary’s area of ability.

Contents:

·         Beneficiary’s achievements and abilities.

·         Nature of duties to be performed.

·         Whether the position requires a person of extraordinary ability or “no objection” statement.

When Opinions Are Negative:

·         Must include a detailed statement of facts.

·         If the consultation is from a non-labour organization, USCIS will forward the petition and supporting evidence to the appropriate labour union for review.

·         If no response is received, USCIS will make a decision based on the evidence.

When No Peer Group Exists:

If no peer group or labour organization exists, USCIS will decide based on the evidence submitted.

O-1B (Motion Picture and Television Industry)

Source of Consultation:

·         Union: The labour union of the beneficiary’s occupational peers.

·         Management Organization: A management organization in the field of the beneficiary’s expertise.

Contents:

·         Beneficiary’s achievements in the motion picture or television industry.

·         Whether the position requires a person of extraordinary achievement or “no objection” statement.

Special Considerations:

·         If no group exists, USCIS will evaluate the evidence of record and decide.

O-2 Visa (Accompanying Personnel)

Source of Consultation:

·         Labor Organization: Expert labour organizations in the skill area of the beneficiary.

·         For O-2 beneficiaries in the motion picture or television industry, consultations must come from both a labour union and a management organization.

Contents:

·         Beneficiary’s skills and experience.

·         Collaborative work history with the O-1 beneficiary.

·         Whether the project is inside and outside the U.S. or includes a “no objection” statement.

When Labor Organizations Are Unavailable:

If no labour organization exists, USCIS will decide based on the evidence submitted.

Use of Prior Consultations

Waiver of Consultation Requirement

·         USCIS will waive the consultation for O-1 beneficiaries in the arts who are seeking readmission to perform the same services within two years of a prior advisory opinion.

·         Petitioner must submit a copy of the previous consultation with the new petition.

Post-Waiver Procedures:

·         After waiving the consultation, USCIS will forward the petition and supporting evidence to the labour organization within 5 days for record-keeping purposes.

Response Times for Consultations:

·         Advisory opinions must be provided within the timeframes specified in the USCIS regulations for both routine and expedited cases.

When Consultations Are Not Received:

·         If USCIS doesn’t receive a consultation in time, it will decide based on the evidence of record.

Tips for Petitioners

To make the consultation process smoother and faster:

·         Choose the Right Group: Make sure the peer group, labour union or management organization has expertise in the beneficiary’s area of expertise.

·         Submit Strong Evidence: Include detailed documentation of the beneficiary’s achievements and qualifications.

Original Documents: All advisory opinions must be authentic, complete and legible with any distinctive marks or watermarks visible.

Plan Ahead: Allow time for the consultation process especially if multiple organizations are involved.

Address Negative Opinions: Be prepared to submit additional evidence to rebut adverse advisory opinions.

The following is a list of known organizations that have agreed to provide consultation letters. 

Labor Organizations

1.      Actors’ Equity Association (AEA)

o    Address: 165 West 46th Street, New York, NY 10036

o    Website: www.actorsequity.org

o    Phone: 212-869-8530

o    Fax: 212-719-9815

o    Email: immigration@actorsequity.org

o    Covered Occupations: Performers (non-musicians), stage managers, and assistant stage managers in live dramatic and musical theater, revues, and theme parks.

2.      American Federation of Musicians (AFM)

o    Address: 1501 Broadway, Suite 600, New York, NY 10036

o    Website: www.afm.org

o    Phone: 212-869-1330

o    Fax: 212-764-4974

o    Covered Occupations: Instrumental musicians, vocalists, conductors, arrangers, music librarians, and copyists.

3.      American Guild of Musical Artists (AGMA)

o    Address: PO Box 908, New York, NY 10018

o    Phone: 212-265-3687

o    Fax: 212-262-9088

o    Email: visas@musicalartists.org

o    Covered Occupations: Concert singers, instrumentalists, dancers, choreographers, stage directors, and production personnel for opera and dance companies.

4.      American Guild of Organists (AGO)

o    Address: 475 Riverside Drive, Suite 1260, New York, NY 10115

o    Website: www.agohq.org

o    Phone: 212-870-2310

o    Fax: 212-870-2163

o    Email: jet@agohq.org or info@agohq.org

o    Covered Occupations: Organists and choral conductors.

5.      American Guild of Variety Artists (AGVA)

o    Address: 363 Seventh Avenue, 17th Floor, New York, NY 10001-3904

o    Website: www.agvausa.com

o    Phone: 212-675-1003

o    Fax: 212-633-0097

o    Email: agva@agvausa.com or agvany@aol.com

o    Covered Occupations: Musical and variety performers, comedians, ice skaters, circus acts, cabaret performers, and sports entertainers.

6.      The Animation Guild (TAG)

o    Address: 1105 N Hollywood Way, Burbank, CA 91505

o    Website: https://animationguild.org

o    Phone: 818-845-7500

o    Fax: 818-843-0300

o    Email: visas@tag839.org

o    Covered Occupations: Animation artists in the Los Angeles area.

7.      Directors Guild of America (DGA)

o    Address: 7920 Sunset Blvd., Los Angeles, CA 90046

o    Website: www.dga.org

o    Phone: 310-289-2000

o    Fax: 310-289-2024

o    Email: srenz@dga.org

o    Covered Occupations: Directors, unit production managers, assistant/associate directors, and technical coordinators in media productions.

Management Organizations

1.      Alliance of Motion Picture & Television Producers (AMPTP)

o    Address: 15301 Ventura Blvd., Building E, Sherman Oaks, CA 91403

o    Website: http://amptp.org/immigration.html

o    Phone: 818-995-3600

o    Hotline: 818-935-5938

o    Email: immigration@amptp.org

o    Covered Industries: Motion pictures, television, web-based series/programs, commercials, and music videos.

2.      Producers Guild of America (PGA)

o    Website: https://producersguild.org/01-02-visa/

o    Phone: 310-358-9020

o    Email: visaapplications@producersguild.org

o    Covered Occupations: Members of the producing team in film, television, and new media.

Peer Groups

1.      American Culinary Federation

o    Address: 180 Center Place Way, St. Augustine, FL 32095

o    Website: www.acfchefs.org

o    Phone: 904-484-0244 or 800-624-9458

o    Fax: 904-940-0741

o    Email: VisaRequests@acfchefs.net

o    Covered Occupations: Professional chefs, cooks, and pastry chefs.

2.      Fractured Atlas

o    Address: 248 West 35th Street, 10th Floor, New York, NY 10001-2505

o    Website: www.fracturedatlas.org

o    Phone: 888-692-7878

o    Email: support@fracturedatlas.org

o    Covered Occupations: Artists in performing, visual, literary, design, and media arts.

3.      Visual Effects Society (VES)

o    Address: 5805 Sepulveda Blvd., Suite 620, Sherman Oaks, CA 91411

o    Website: www.visualeffectssociety.com

o    Phone: 818-981-7861

o    Fax: 818-981-0179

o    Email: colleen@visualeffectssociety.com

o    Covered Occupations: Visual effects artists, technologists, supervisors, educators, and producers in film, TV, commercials, and games.

While consultations are required for O-1 and O-2 visa petitions, there are situations where USCIS will waive this requirement. Below are the exceptions, who qualifies and how to do it.

When Can the Consultation Be Waived?

If there is no Consultation Group

If the petitioner can demonstrate that no group, including labor organizations, exists in the beneficiary’s area of expertise, USCIS will make an evidence-based decision using the materials submitted with Form I-129 and the accompanying supporting evidence. In such cases, the petitioner must provide robust and comprehensive documentation to establish the beneficiary’s extraordinary ability, as the absence of a formal consultation process means there is no external validation of their claims.

Prior Consultation Within Two Years

USCIS will waive the consultation for individuals with extraordinary ability in the arts who are:

·         Seeking re-entry to the US.

·         Performing same services as described in a previous petition.

·         Using a previous consultation issued within two years of the current petition.

How to Request This Waiver:

·         Submit a waiver with the petition.

·         Include a copy of the previous consultation as evidence.

Process After Waiver Request

·         Post-Waiver Notification: If the waiver is approved, USCIS will forward the petition and supporting evidence to the labour organization within 5 days.

·         Labor Organization Role: The labour organization keeps these records but does not decide after a waiver is approved.

Tips for Petitioners

If there is no Peer Group:

·         Be clear on why no group or labour organization exists.

·         Submit documentation of attempts to identify or consult with relevant organizations if applicable.

If Using a Previous Consultation:

·         The prior consultation must be for the same or similar services being petitioned for.

·         Submit a copy of the prior advisory opinion with the current petition to make it faster.

Add More Evidence:

·         When you waive the consultation, the remaining evidence becomes more important.

·         Include detailed proof of the beneficiary’s extraordinary ability and achievements.

Benefits of Waiving the Consultation Requirement

·         Time Saving: No need to get a new advisory opinion.

·         Cost Saving: Avoid fees for advisory opinions from peer groups or labor organizations.

·         Simplify Process: Streamline the petition process especially for beneficiaries who have been evaluated recently.

Overcoming Weak Advisory Opinions

When Advisory Opinions Fail

Peer group or union consultations are hard to get for emerging professions or niche roles. While required, USCIS does not require these opinions to be positive.

How to Overcome Weak or Negative Opinions

Add More Evidence:

Submit detailed documentation to counter a weak opinion.

Explain Why:

Why do existing peer groups or unions not fully understand or represent the applicant’s area.

Use Alternative Endorsements:

Get letters from international experts if the formal consultation fails.

3.      Itinerary

O-1 Visa Itineraries: Requirements and Tips

An itinerary is key to the O-1 visa petition when there are multiple events, engagements or locations involved. It gives USCIS a clear picture of the beneficiary’s planned activities, how they relate to the individual’s extraordinary ability and the validity of the requested visa period. Here’s what you need to include in the itinerary.

What to Include in the Itinerary?

·         Events or Activities:

o   Description of the events, projects, performances or other engagements the beneficiary will do in the United States.

Examples: Concert tour, film production schedule, series of academic lectures, business project timeline.

·         Start and End Dates:

o   The itinerary should include the start and end dates of each activity, event or engagement.

·         Detailed Schedule:

o   Dates, locations, brief description of each event or activity.

Example: January 15, 2024

Location: New York City

Event: Keynote speaker at XYZ Conference

·         Evidence of Activities:

o   Any additional supporting documents, such as contracts, booking confirmations or promotional materials to support the listed events.

Why Itinerary Matters?

The itinerary is evidence that the beneficiary:

·         Is coming to the U.S. to work in their field of extraordinary ability.

·         Has a clear schedule to justify the requested visa period.

·         Meets the temporary nature of the O-1 visa.

When Is Itinerary Required?

An itinerary is required when:

·         The petition includes multiple events or locations.

·         The beneficiary will work on a project series rather than a single, continuous activity.

Tips for a Good Itinerary

·         Be Specific:

o    Include as much detail as possible for each activity:

o    Event name

o    Location

o    Date

o    Description of duties or performances

·         Match with Other Documents:

o    The itinerary should match:

o    The contract between the petitioner and beneficiary.

o    Evidence of the beneficiary’s extraordinary ability (e.g. field of expertise, type of work).

·         Add Supporting Evidence:

o   Attach contracts, letters of invitation or confirmation emails for each event to support the itinerary.

·         Check for Consistency:

o   Verify the itinerary, petition and other supporting documents match.

·         Cover the Entire Visa Period:

o    Make sure the itinerary includes activities for the entire requested visa period even if there are gaps between events.

Sample Itinerary Format

Here’s an example of how to structure an itinerary:

Date	Location	Event/Activity	Description
Jan 15, 2024	New York City, NY	XYZ Conference	Keynote speech on AI innovation
Feb 10-15, 2024	Los Angeles, CA	Film Production	Lead role in ABC Studios project
Mar 1, 2024	Chicago, IL	Masterclass in Arts	Teaching a workshop for emerging artists
Apr 5-10, 2024	San Francisco, CA	Exhibition Opening	Curating and presenting artwork

Common Mistakes to Avoid

·         Lack of Specificality:

Generic descriptions like “various performances” or “multiple projects” without details can lead to delays or denials.

·         Incomplete Dates:

Omitting the start and end dates for events or activities can raise questions about the visa validity period.

·         Unsubstantiated Claims:

Ensure each event or activity is backed by contracts or other supporting documents.

·         Failure to Explain Gaps:

If there are breaks in the schedule, provide explanations (e.g., preparation periods, travel time).

Common Mistakes to Watch Out For

·         Lack of Specificality:

Generic descriptions like “various performances” or “multiple projects” without details will cause delays or denials.

• Missing Dates:

Leaving out start and end dates for events or activities will raise questions about the visa period.

• Unproven Claims:

Each event or activity should be supported by contracts or other documents.

• No Explanation for Gaps:

If there are gaps in the schedule, explain (e.g. preparation time, travel time).

4.      Agent Petition Requirements (if applicable)

• If a U.S. agent files the petition, include:

  • A detailed explanation of the agent’s role as employer, representative, or both.

  • Copies of any contracts between the beneficiary and other employers the agent represents.

Agents have a big role in O-1 visa petitions especially when the beneficiary has multiple employers, engagements or activities. This guide explains the responsibilities, qualifications and documentation requirements for agents in the O-1 process.

Who Can be an Agent?

A U.S. agent can be:

·         Actual Employer:

o    The agent employs the beneficiary for the petitioned activities or events.

·         Representative of Multiple Employers:

o    The agent represents the beneficiary and acts on behalf of multiple employers who have engagements for the beneficiary.

·         Authorized Entity Acting on Behalf of an Employer:

o    The agent is authorized by one or more employers to act in place of the employer for petitioning purposes.

When Do Agents Apply?

An agent is used when:

·         The beneficiary has multiple engagements or events with different employers.

·         The petitioner is not the direct employer but is authorized to file on behalf of other employers.

·         The beneficiary is self-employed or works on freelance projects.

Agent Responsibilities

An agent filing as the petitioner must:

·         File Form I-129:

o   The agent files the petition on behalf of the beneficiary.

·         Provide Supporting Documents:

o   Contracts, itineraries and other evidence to support the petition.

·         Be a Liaison:

o   Communicate with USCIS, the beneficiary and the employers or entities involved.

·         Have Authorization:

o   Ensure they have the authority to act on behalf of the employer(s) or beneficiary.

Documents Required for Agent-Based Petitions

When the agent files the petition, the following documents must be submitted:

·         Written Contract or Summary:

Written agreement or summary between the agent, employers and the beneficiary.

·         Itinerary:

Detailed schedule of activities and events, including dates, locations and descriptions of the work to be performed.

·         Letters of Authorization (if applicable):

Letters from other employers authorizing the agent to act on their behalf.

·         Evidence of Engagements:

Contracts, letters of invitation or agreements for each event or activity.

Important Notes

1.      Flexibility in Representation: Agents are useful in freelance work where the beneficiary works on multiple projects for different employers.

2.      Legitimacy and Authorization: USCIS requires proof that the agent is authorized to act on behalf of all parties involved especially in multi-employer scenarios.

3.      Clear Role Definition: Define clearly if the agent is the employer, representative or both.

4.      Consistency with Petition: Make sure all documents submitted by the agent are consistent with the contracts, itinerary and evidence in the petition.

Petitioners are key to the O-1 and O-2 visa process. This page explains who can be a petitioner, what their responsibilities are and what their obligations are to comply with U.S. immigration rules.

Eligible Petitioners

Who Can File an O-1 or O-2?

·         U.S. Employers

A U.S. employer can file Form I-129, Petition for Non-immigrant Worker, for the O-1 or O-2 beneficiary.

·         U.S. Agents

o    A U.S. agent can file a petition in the following cases:

o    For Self-Employed Workers: Beneficiaries who work as independent contractors.

o    For Workers with Multiple Employers: When an agent arranges short term work for multiple employers.

o    For Foreign Employers: When a foreign employer authorizes the agent to act on its behalf in the U.S.

Roles of a U.S. Agent

A U.S. agent can be:

·         The Actual Employer

Employing the beneficiary for the events or activities.

·         Representative of Both Employer and Beneficiary

Middleman between the two parties.

·         Authorized Entity for Employer

Filing the petition on behalf of one or more employers.

Important Note

An O-1 or O-2 beneficiary cannot petition for themselves. Only eligible petitioners, as above, can file on their behalf.

Petitioner Obligations

Responsibility for Return Transportation

·         If the O-1 or O-2 beneficiary’s employment terminates for reasons other than voluntary resignation, both the employer and the petitioner (if different) are jointly and severally liable for the cost of reasonable return transportation to the beneficiary’s last residence abroad.

·         This ensures the beneficiary is not left stranded in the U.S. if their employment ends unexpectedly.

Reporting Changes in Employment

Petitioners must comply with USCIS regulations if there are changes to the beneficiary’s employment.

Key Requirements:

·         Immediate Notification:

Petitioners must notify USCIS of any changes in terms or conditions of employment that affect the beneficiary’s eligibility under INA 101(a)(15)(O) and 8 CFR 214.2(o).

·         File Amended Petitions:

o    If the petitioner continues to employ the beneficiary but changes their employment terms, an amended petition must be filed.

o    Examples of changes that require an amended petition:

o    New job title.

o    Changes to the job description.

o    Significant change in work location.

·         Termination of Employment:

o   If the petitioner no longer employs the beneficiary, they must notify USCIS by sending a letter to the office that approved the original petition.

o   Failure to notify USCIS can result in penalties or affect the petitioner’s ability to sponsor future visas.

Petitioner Best Practices

·         Stay Informed:

Keep the beneficiary advised of any changes or updates to their employment or petition status.

·         Document Everything:

Document all employment agreements, contracts or changes so they are available for USCIS review if needed.

·         File Amendments Timely:

Don’t delay filing amended petitions to avoid potential visa issues for the beneficiary.

·         Plan for Termination Costs:

Be aware of the cost of return transportation and plan for it if employment ends unexpectedly.

·         Follow USCIS Guidelines:

Stay current on USCIS regulations so you’re in compliance.

Documentation and Evidence

USCIS requires employers or agents to file Form I-129, Petition for a Non-immigrant Worker, and pay the required fees for O-1 and O-2 beneficiaries. Here are the key points:

·         Timing: The petition cannot be filed more than one year in advance of the beneficiary’s services.

·         Multiple Employers: If the beneficiary works for multiple employers, each employer must file a separate petition unless an authorized agent files on their behalf.

·         Group Petitions: Up to 25 O-2 beneficiaries can be included in one petition if they support the same O-1 beneficiary for the same event, at the same time and same location.

·         O-1 Limitations: Multiple O-1 beneficiaries cannot be in one petition.

Required Evidence

The petition must have:

·         Classification-Specific Evidence: Evidence that supports the beneficiary’s eligibility under the requested classification.

·         Contracts: Copies of written contracts or a summary of oral agreements.

·         Event Details: Description of the event, timeline and itinerary if applicable.

·         Consultations: Written advisory opinion from a relevant consulting entity or expert.

Form of Evidence

All evidence must be in:

·         Authenticity: Affidavits, contracts and similar documents must reflect the beneficiary’s achievements and be signed by an authorized person.

·         Expert Affidavits: Statements from experts should be factual and describe the beneficiary’s extraordinary ability.

·         Photocopies: Legible photocopies are acceptable but originals may be requested.

Contracts

·         Written Contracts: Submit when available.

·         Oral Agreements: If no written contract exists, provide a summary of the terms, supported by emails, written summaries or other documentation.

The summary must include:

·         Terms offered by the employer.

·         Terms accepted by the beneficiary.

No signature is required for the summary.

Consultations: Summary of Key Points

Consultations are required for all O visa petitions and are advisory opinions from relevant peer groups or organizations.

General Rules and Waivers

·         Non-Binding: Consultations are advisory and not binding on USCIS.

·         Negative Opinions: USCIS can approve the petition based on the totality of the evidence even if the consultation is unfavourable.

Waivers:

·         Beneficiaries in the arts seeking readmission for similar services within two years of a previous consultation may be eligible for a waiver.

·         Copy of prior consultation must be submitted with the petition.

The O visa program allows entry of individuals with extraordinary ability (O-1), their essential support staff (O-2) and their immediate family (O-3). The numbers below show the annual O visa issuance, trends over the years. These numbers only reflect O visa issued at embassies and consulates outside the US. They do not include O status transitions within the US through Form I-129 and may include renewals so the numbers do not reflect the total number of O status holders.

Year	Number of O-1 visas issued	Number of O-2 visas issued	Number of O-3 visas issued	Total
1997	3345	1848	748	5941
1998	4257	1778	1056	7091
1999	5009	2185	1480	8674
2000	6466	1894	2101	10461
2001	6666	1918	2287	10871
2002	6026	1972	1760	9758
2003	6126	2472	1552	10150
2004	6437	2611	1679	10727
2005	6712	3387	1861	11960
2006	6961	3726	1912	12599
2007	7653	4218	2238	14109
2008	9014	5054	2642	16710
2009	9368	4702	2396	16466
2010	8589	4435	1929	14953
2011	8828	4863	2052	15743
2012	10590	5357	2396	18343
2013	12359	6623	3098	22080
2014	12706	6251	3473	22430
2015	13865	5792	4023	23680
2016	15918	7417	4836	28171
2017	17011	8053	4974	30038
2018	16904	8432	4923	30259
2019	17751	8743	5337	31831
2020	8838	3919	2658	15415
2021	7294	2870	2838	13002
2022	19102	11586	6234	36922
2023	18994	13335	6453	38782

Trends and Observations

Overall Growth in O Visa Issuance

·         From 1997-2023 O visa issuance has grown big time, especially in recent years.

·         O-1 visa is always growing and there is more demand for highly skilled people.

 Impact of Global Events

·         In 2020 and 2021 visa issuance dropped big time due to global COVID-19 pandemic which affected travel and visa processing.

·         Recovery started 2022, 2023 is above pre-pandemic levels.

O-2 and O-3 Visa Growth

·         Issuance of O-2 (support personnel) and O-3 (dependents) visas are also growing with O-1 visas, because of the comprehensive support structure for extraordinary talent.

More Extraordinary Talent Needed

The rise in O visa issuance is because of the increasing need for people with exceptional skills across all industries, especially arts, sciences, business. Therefore, there is increased demand for Extraordinary Talent.

The adjudication process for O-1 and O-2 non-immigrant petitions is a thorough review by USCIS officers to determine if the petitioner has met all the requirements. This page outlines the decision-making process, including approvals, denials and revocations.

Decision Process

Approvals

If the petitioner has met all the requirements under the applicable O category, USCIS approves the petition. Key points:

·         Approval Standards:

Officers use the preponderance of the evidence standard, meaning more likely than not the petitioner meets the requirements.

·         Maximum Approval Period:

Approvals cannot exceed the period of stay for the category.

·         No Prejudice for Permanent Residence Filings:

USCIS will not deny a petition because the O-1 beneficiary has an approved labor certification or a pending immigrant petition.

·         Notification of Approval:

Once approved, USCIS sends a Form I-797 Notice of Action to the petitioner.

   O Non-immigrant Classification Codes

Beneficiary Type	Code of Admission
Non-immigrant of extraordinary ability in sciences, education, business, or athletics	O-1A
Non-immigrant of extraordinary ability in the arts	O-1B
Non-immigrant of extraordinary achievement in motion picture or TV	O-1B
Accompanying person assisting certain O-1s	O-2
Spouse or child of O-1 or O-2	O-3

 

Denials

When a petitioner does not meet the eligibility requirements, USCIS denies the petition.

Key Steps in a Denial:

·         Written Notification:

The petitioner receives a denial notice in writing, which explains:

o   The reasons for the denial.

o   Information about appeal rights.

o   Instructions for filing a motion to reopen or reconsider.

·         Appeals and Motions:

o   Appeals are handled by the Administrative Appeals Office (AAO).

o   Motions to reopen or reconsider are reviewed by the office that issued the decision.

Revocation of Approved Petitions

USCIS may revoke an approved O petition at any time, even after the validity period has expired. Revocations can occur automatically or on notice.

Automatic Revocations

A petition is automatically revoked if:

·         The petitioner no longer exists (e.g. a business closes).

·         The petitioner submits a written withdrawal of the petition.

Revocations on Notice

USCIS may revoke a petition after sending a Notice of Intent to Revoke (NOIR) which explains the reason for the revocation and gives the petitioner time to respond.

Grounds or Reasons for Revocation:

·         The beneficiary is no longer in the position stated.

·         The petition contained false or incorrect information.

·         The petitioner violated the terms of the approved petition.

·         The petitioner violated the laws or regulations.

·         The approval was gross error or against the regulations.

NOIR Requirements:

·         The notice must state the reasons for revocation in detail.

·         Petitioners are given the opportunity to present evidence to refute the revocation.

Evidence Consideration:

USCIS will consider all evidence before making a decision to revoke the petition.

Appeal Rights

·         Revocations on Notice: Petitioners can appeal to the AAO.

·         Automatic Revocations: These cannot be appealed.

Key Takeaways for Petitioners

·         Know the Burden of Proof:

Petitioners must show evidence of eligibility under the O classification.

·         Monitor Petition Compliance:

Make sure all information in the petition remains current and consistent with the beneficiary’s employment or activities.

·         Respond to NOIR:

If USCIS sends a Notice of Intent to Revoke, respond to the issues with strong evidence within the time allowed.

·         Prepare for Appeals or Motions:

Know the process for appeals or motions if the petition is denied or revoked on notice.

Denials and Revocations

When Things Go Wrong

Denials or revocations are rare but can happen due to lack of evidence, misrepresentation or change of employment.

Steps to Overcome Denials

·         Read the Denial: Look for gaps or loopholes in the denial.

·         Improve the Petition: Fill in the weak areas with more evidence or documentation.

·         Refile: Often faster than appeal, a refiled petition can fix previous mistakes.

O-1 Visa: Admission, Extensions, Changes of Status, and Employers

The O-1 visa is the ultimate visa for individuals with extraordinary ability in their field. While much is written about eligibility, the details of admission, extensions and employer changes are often overlooked. This guide covers it all, including new information and practical tips for applicants and petitioners.

1.      Admission for O-1 Non-immigrants

Eligibility for Admission

Once approved, an O-1 beneficiary can be admitted to the U.S. for the time needed to complete the event or activity, up to 3 years.

Validity Period

·         Starts from the date of petition approval or the requested start date, whichever is later.

·         Includes 10 days before and 10 days after the valid period for preparation and transition. Employment is only allowed during the valid period.

What is an Event or Activity

The O-1 visa covers a wide range of “events” which are defined broadly to include:

·         Scientific projects, conferences or conventions.

·         Tours, exhibitions or series of performances.

·         Academic years, business projects or professional engagements.

Special Considerations:

·         Multiple Related Activities: A connected series of events (e.g. a concert tour) can be considered one “event” even if there are gaps between activities.

·         Gaps in Engagements: Breaks for travel, vacation or related activities do not interrupt the valid period if they are incidental to the overall purpose.

Documenting Itineraries

The petitioner must provide:

·         A detailed description of the activities and how they relate to the beneficiary’s extraordinary ability.

·         Contracts, itineraries or summaries for the requested period.

Practical Tip: If there are gaps in the itinerary, the petitioner should explain how they are incidental to the event. This will help avoid RFEs.

Maintaining Status During Employment Gaps

USCIS allows O-1 beneficiaries a 60-day grace period if their employment ends early, as long as it’s within their valid period. During this time:

·         No employment allowed.

·         Beneficiaries can look for new opportunities or prepare to depart.

2.      Extensions of Stay

Eligibility for Extensions

O-1 beneficiaries can request extensions in one-year increments to complete the same event or activity. There is no limit to the number of extensions.

Application Process

·         File Form I-129 for the extension.

·         Provide updated evidence of ongoing engagements or activities.

·         An additional 10 days may be allowed for personal affairs.

Changing Events or Petitioners

·         If the original event changes or a new petitioner files the request, USCIS will not deny the extension based on these changes.

·         Filing an immigrant petition or labour certification for permanent residence does not affect extensions.

3.      Change of Status to O-1 Visa

Eligibility

A non-immigrant in valid status can change to O-1 status without leaving the U.S.

Process

·         The employer or agent must file Form I-129 before the beneficiary’s current status expires.

·         O-1 work can begin only after USCIS approves the change of status.

When Departure is Required

If USCIS approves O-1 classification but denies the change of status, the beneficiary must:

·         Leave the U.S.

·         Apply for an O-1 visa at a U.S. consulate abroad.

·         Re-enter the U.S. with the new visa.

Green Card Considerations

USCIS will not deny a change of status because the beneficiary has a pending or approved green card application, so the O-1 visa is a good option for dual-intent strategies.

4.      Changing Employers

       New Employer Petitions

If an O-1 beneficiary wants to change employers:

·         The new employer must file Form I-129 for approval and, if needed, an extension of stay.

Special Cases for O-2 Beneficiaries

An O-2 beneficiary can only change employers if their principal O-1 employer changes too.

Professional Athletes

For professional athletes:

·         If traded to a new team, employment authorization will continue for 30 days after the trade.

·         The new team must file Form I-129 within 30 days to keep the athlete’s status valid.

Practical Tips for Petitioners and Beneficiaries

For Admission

·         Be specific about the connection between events in the itinerary to avoid gaps that will trigger RFEs.

·         Include evidence of ancillary activities such as promotional appearances or networking events to support the case.

For Extensions

·         Provide updated contracts or agreements to show the need for an extension.

·         Use the extra time to finalize plans for permanent residence if desired.

For Employer Changes

·         Make sure the new employer files quickly to avoid employment authorization interruptions.

·         For athletes, coordinate with the new organization to ensure compliance within the 30-day window.

For Changes of Status

·         File the change of status request well before current status expires to avoid interruptions.

·         If denied, be prepared for consular processing by gathering documents early.

Pathways from O-1 to Permanent Residency

The Dual Intent Advantage

Unlike many non-immigrant visas, the O-1 is aligned with green card categories such as the EB-1A (Extraordinary Ability) or EB-2 NIW (National Interest Waiver).

What Makes O-1 Good for Transition

·         The evidence requirements overlap with EB-1A criteria.

·         Having an O-1 visa shows continued extraordinary ability during green card processing.

Proactive Green Card Preparation

·         Update evidence regularly to include new achievements or publications.

·         Use the O-1 visa to build U.S.-specific credentials such as awards or collaborations with U.S. institutions.

Navigating O-1 Extensions and Recapturing Time

Extending the Visa Period

The O-1 visa can be extended in one-year increments for ongoing projects or activities.

What’s Rarely Discussed

·         Recapturing Time:

Any time spent outside the U.S. during the validity period can be added back to the visa.

Example: If the beneficiary spends three months abroad on vacation or working remotely, that time can be recaptured by documenting travel dates.

How to Extend Successfully

·         Provide evidence of new or continuing projects.

·         Include updated itineraries or contracts.

Forms Related to O1 Visa

Main / Primary Form

Form I-129, Petition for Non-immigrant Worker

·         This is the main form to petition for O1 visa.

·         Filed by U.S. employer, agent or sponsor on behalf of the beneficiary.

Purpose:

O classification is for individuals with extraordinary ability in arts, sciences, education, business (O1A) or extraordinary achievement in motion picture or TV industry (O1B). O2 is for individuals accompanying O1 beneficiaries to assist in their performances.

Step by Step Guide

Step 1: Get the Form

·         Where to Get the Form:

o   Download Form I-129 from the USCIS website.

o   Make sure you have the latest version of Adobe Reader to view, complete or print the form.

For more info https://www.uscis.gov/sites/default/files/document/forms/i-129.pdf

No Internet Access?

o   Call the USCIS Contact Centre to request a physical copy by mail.

Step 2: Signature Requirements

·         Handwritten Signature:

o   USCIS requires a valid handwritten signature for Form I-129. Stamped or typed names are not accepted.

o   If the petitioner is under 14 years old, a parent or legal guardian must sign on their behalf.

·         Photocopies and Scans:

o   Photocopied, faxed or scanned handwritten signature is acceptable as long as it’s clear.

Step 3: Filing Fees

·         Check Form G-1055 on the USCIS website for the current filing fees.

·         Attach payment in the correct format (e.g. check or money order made out to U.S. Department of Homeland Security).

Step 4: Required Documents

·         General Documents for All Petitions:

o    Signed contracts or detailed summaries of oral agreements.

o    Supporting documents such as awards, reviews or employment history.

·         For Extensions or Changes:

o   Proof of maintaining lawful status (e.g. Form I-94, pay stubs, tax returns).

Step 5: Biometrics Appointments (Specific Situations)

·         Applicable to CNMI Workers:

o   Beneficiaries working in the Commonwealth of the Northern Mariana Islands (CNMI) may need to attend a biometrics appointment at a local USCIS Application Support Center (ASC).

Step 6: Form I-94 and Travel Documents

·         What is Form I-94?

o   This document records the beneficiary’s arrival and authorized period of stay.

o   If the beneficiary entered after April 30, 2013, they may have received an electronic Form I-94. It can be retrieved from the CBP website.

·         Lost I-94?

File Form I-102 to request a replacement. Fee may apply.

Step 7: Fill out the Form

o   Use black ink or type electronically.

o   Fill out all fields accurately.

o   Use “N/A” for non-applicable questions or “None” for zero numeric responses.

Form filing Instructions

Part 1: Petitioner Information

1.      Legal Name of the Petitioner:

·         Enter the full legal name of the U.S. employer or agent filing the petition.

2.      Mailing Address:

·         Enter the primary U.S. address of the petitioner.

3.      IRS Tax Number or Social Security Number:

·         If the petitioner is a company, enter the Employer Identification Number (EIN). If an individual, use the Social Security Number (if applicable).

Part 2: Petition Information

1.      Item 1: Basis for Classification:

·         Choose one: New employment, Continuation of previously approved employment, Amended petition.

·         For most new O petitions, choose New employment.

2.      Item 2: Requested Action:

·         Notify the consulate: If the beneficiary is outside the U.S. and will seek a visa.

·         Change of status: If the beneficiary is in the U.S. in a different non-immigrant status.

·         Extension of stay: If the beneficiary is in the U.S. in the same status and same classification.

3.      Item 3: Classification:

·         O-1 for extraordinary ability or O-2 for essential support personnel.

4.      Item 4: Total Number of Workers:

·         Enter the number of beneficiaries (1 for O-1 unless filing for multiple O-2 beneficiaries).

Part 3: Beneficiary Information

1.      Full Name:

·         Enter the beneficiary’s full legal name as it appears on their passport.

2.      Birthdate and Place of Birth:

·         Enter the beneficiary’s full birthdate and birthplace.

3.      Citizenship and Passport Details:

·         Enter the country of citizenship and passport details, including expiration date.

4.      Current status in the U.S. (if applicable):

·         If the beneficiary is in the U.S., enter current status and expiration date.

Part 4: Processing Information

1.      Consulate or USCIS

·         If the beneficiary will apply for a visa, enter the U.S. consulate or embassy location (city and country).

2.      Port of Entry:

·         Optional: Enter where the beneficiary will enter the U.S.

Part 5: Job and Employer Information

1.      Job Title:

·         Enter the beneficiary’s job title (e.g. Lead Performer, Artistic Director).

2.      Job Description:

·         Brief description of the beneficiary’s role and duties.

3.      Wages and Dates:

·         Salary (if applicable) and dates of employment.

4.      Work Location:

·         Enter the location(s) where the work will occur.

Part 6: Certification Regarding Release of Controlled Technology or Technical Data

·         This applies mainly to H-1B, L-1 and O-1A. Most O-1B and O-2 petitions do not require action here unless technology release applies to the job.

Step 8: Export Control Certification

·         Who Does This Apply To?

o   Required for H-1B, H-1B1, L-1 and O-1A petitions.

Certification Details:

o    Employers must certify if the beneficiary will have access to controlled technology or technical data under U.S. export laws.

Step 9: Additional Information for Specific Categories

E-2 CNMI Investors:

·         Eligibility: Reserved for investors with pre-November 28, 2009, CNMI government approval.

·         Validity: Until December 31, 2029.

·         Required Documents:

o    Proof of maintaining E-2 CNMI status.

o    Physical presence in the CNMI at the time of filing.

For O-1 and O-2 Petitions:

·         O-1: Extraordinary ability with evidence such as:

o    Awards, critical reviews, high salary.

o    Letters from experts in the field.

·         O-2: Proof of support for O-1 beneficiary.

Step 10: Translation Requirements

·         Foreign Documents:

o   If any supporting documents are in a foreign language, enter full English translation.

·         Certification:

o   Translator must certify the translation, including name, contact info and signature.

Step 11: Reduced Fees for Small Employers and Non-Profits

·         Who qualifies?

o   Employers with 25 or less full-time employees.

o   Tax-exempt organizations under 501(c)(3).

·         Supporting Documents:

o    IRS Form 941 (Quarterly Federal Return) or tax exemption certificate.

Step 12: Common Errors to Watch Out For

·         Missing Evidence: Check for completeness, especially for consultation letters or proof of status.

·         Inconsistent Information: Make sure information is consistent across all forms and supporting documents.

·         Incorrect Fees: Double-check the fee amount and payment method.

Step 13: USCIS Contact Info

·         Website: USCIS Contact Center for assistance

·         Phone: 1-800-375-5283 (TTY: 800-767-1833) English or Spanish.

Form I-129-Nuanced Insights and Rarely Discussed Strategies

The Form I-129 is the foundation of the O-1 visa application. While the instructions are detailed, some parts and opportunities for optimization are overlooked:

Part 2: Basis for Classification—Strategic Choices

·         Amended Petitions vs. New Employment:

o   If the terms of employment change significantly (e.g. location, role or contract terms), file an amended petition rather than an extension. This avoids denials due to the new role not matching the original petition.

o   For O-1 holders transitioning between projects or employers, a new employment petition is required.

·         Concurrent Employment:

Not often used, this allows O-1 holders to work for multiple employers at the same time. Each employer must file a separate I-129 petition, but they can work together to show the beneficiary’s schedule and the unified nature of the roles.

Part 4: Processing Information—Consulate vs. USCIS

·         Consulate Notification vs. Change of Status:

o    If the beneficiary is outside the U.S., selecting “notify the consulate” may expedite visa processing, especially if the home country’s consulate is known for faster processing.

o   But if the beneficiary is already in the U.S., a change of status petition can avoid travel delays. This requires evidence of maintaining lawful status, such as pay stubs or recent I-94 documentation.

Part 5: Job Details—Showcasing Extraordinary Ability

·         Detailed Job Description:

This section gets generic. Instead:

o    Highlight specific, unique contributions the beneficiary will make.

o    Show how the role relates directly to the beneficiary’s extraordinary ability or achievements.

o    Use numbers to demonstrate the impact (e.g. expected audience size, revenue growth).

·         Work Location Specificity:

o    If the role involves travel, provide an itinerary showing each location, duration and purpose of work. This is especially important for performers or consultants.

Part 6: Export Control Certification

·         Controlled Technology or Technical Data:

o    Often overlooked, but critical for STEM or defense-related applicants.

o    Have the employer reviewed the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) to see if an export license is required.

o    Include a statement explaining why the job duties do or do not involve access to controlled technology, especially for high-tech roles.

Final Tips for a Successful Filing

Stay Organized:

·         Use a checklist to track all the documents and sections.

Start Early:

·         Give yourself time to get the evidence, translations and consultation letters.

Review Carefully:

·         Check for errors or missing sections before submitting.

By following this, you’ll make the process of filling out the Form I-129 and supporting documents easier and less painful.

Supplemental Forms and Attachments

2.      O Classification Supplement to Form I-129

·         Required for O visas.

·         About the beneficiary’s extraordinary ability and employment.

O Supplement Overview

The O Supplement is an addendum to Form I-129 for O-1 and O-2 petitions. It asks for more information about the petition, the beneficiary, employment and events or performances.

How to fill O -Supplement Step by Step Instructions

Part A: To be Completed by Petitioner

1.      Item 1: Classification

·         O-1 for individuals with extraordinary ability.

·         O-2 for support staff for an O-1 artist or athlete.

2.      Item 2: Basis

·         Check the appropriate box:

o    O-1A for extraordinary ability in sciences, education, business or athletics (not arts, motion pictures or television).

o    O-1B for extraordinary ability in arts or extraordinary achievement in motion pictures/television.

o    O-2 for essential support staff.

3.      Item 3: Number of Beneficiaries

·         How many beneficiaries are included in this petition (e.g. one for an O-1 or multiple for O-2 if they meet the same conditions).

Part B: About the Event or Activity

This section describes the “event” for which the O-1 or O-2 is being petitioned.

4.      Item 1: Name of Event or Activity

·          Provide the name of the event, project or performance (e.g. “North American Concert Tour 2024” or “Film Production: The Great Escape”)

5.      Item 2: Description of Event or Activity

·         What is the purpose or scope of the event:

o    For O-1A: “Keynote speaking engagements at international conferences.”

o    For O-1B: “Lead role in a feature film with international distribution.”

o    For O-2: “Support staff for a television series.”

6.      Item 3: Dates of Event or Activity

·         Enter the start and end dates for the event from: (e.g. 01/01/2024 to 12/31/2024)

7.      Item 4: Location(s) of the Event or Activity

·         List all locations where the beneficiary will work. For multiple locations, attach an itinerary with addresses, dates and activities.

Part C: Evidence of Eligibility

This is where you explain the qualifications and evidence.

8.      Item 1: Basis for Eligibility

·         Check one:

o    O-1A: for extraordinary ability in sciences, education, business or athletics.

o    O-1B: for extraordinary ability in arts or extraordinary achievement in motion pictures/television.

o    O-2: for critical skills and essential support for an O-1 artist or athlete.

9.      Item 2: Documentary Evidence Submitted

·         List the evidence such as:

o   Awards, prizes or recognitions.

o   Media articles, reviews or press coverage.

o   Employment contracts or letters of intent.

o   O-2: Proof of past work with the O-1 beneficiary and critical skills.

10.  Item 3: Consultation

·         Provide information on the required consultation:

o    Which labour or management organization provided the advisory opinion.

o    Attach the consultation letter and make sure it addresses the beneficiary’s qualifications and the event.

Part D: Additional Information

11.  Describe Any Comparable Evidence

·         If traditional evidence (e.g. awards or press) doesn’t apply to the beneficiary’s field, include comparable evidence. Examples:

o    “Unique choreography taught at international dance workshops.”

o    “Original compositions performed by world famous orchestras.”

     Explain Any Special Considerations

·         Any special circumstances or unconventional aspects of the beneficiary’s eligibility, such as:

o    Industry standards not widely recognized.

o    Why the beneficiary is the only one for the event.

     Tips for Completing the O Supplement

·         Be Specific: Don’t use general terms like “participating in a project”. Be detailed about the event and the beneficiary.

·         Use Attachments: If there’s not enough space, attach extra sheets with a header that references the form (e.g. “Part B, Item 4 – Itinerary of Locations”).

·         Organize Evidence: Include a table of contents for the supporting documents, organized by USCIS criteria (e.g. awards, press, contracts).

·         Consultation Letter: Start the process early as some organizations take weeks to provide the letter.

4.      Common Pitfalls to Avoid

·         Missing Consultation Letters: Make sure you have the letters from the labour or management organizations, especially for motion picture/television industry cases (both labour and management).

·         Incomplete Itineraries: Not providing a full itinerary can result in delays or RFEs.

·         General Evidence: Always make the evidence specific to the beneficiary’s field and role.

O Supplement Checklist

Before submitting, check that you have included the following:

1.      Completed O Supplement form.

2.      A well-structured itinerary for multiple locations.

3.      Evidence of the beneficiary’s extraordinary ability or critical support role.

4.      Consultation letters from peer, labour, or management organizations.

5.      Supporting documents categorized by USCIS criteria.

6.      Signed contracts or summaries of oral agreements.

Guide to Written Consultations for Form I-129 Petitions by Appropriate Peer Group

A written consultation is required for some non-immigrant classifications under I-129. This document issued by a recognized peer group, labour or management organization evaluates both the job and the beneficiary.

Here’s a step-by-step guide to understanding, getting and filing written consultations:

What is a Written Consultation?

A written consultation is a formal opinion from a recognized peer group, labour union or management organization that:

·         Verifies the work of the beneficiary.

·         Confirms the qualifications of the beneficiary for the position.

 When is a Written Consultation Required?

Written consultations are required for some classifications, including but not limited to:

·         O-1A: Extraordinary ability in sciences, education, business or athletics.

·         O-1B: Extraordinary ability in arts or extraordinary achievement in motion picture/television.

·         O-2: Essential support personnel for O-1 beneficiaries.

·         P Classifications: Artists, entertainers, athletes and their essential support personnel.

How to get a Written Consultation

A. Submitting the Petition with the Advisory Opinion

·         For faster processing, get the opinion before you file the petition.

·         File the opinion with the initial package.

B. Filing Without the Opinion

If you don’t file the opinion:

1.      Send a copy of the petition and supporting documents to the organization at the same time you file with USCIS.

2.      List the organization in the petition and tell USCIS the consultation is pending.

3.      Tell the organization USCIS will contact them for the opinion.

C. What If You Don’t Know the Appropriate Organization?

·         Tell USCIS in the petition. USCIS may help you identify the organization.

·         Be aware that filing without the advisory opinion can result in significant delays.

How to Find the Organization

·         Industry Standards: Use industry associations or unions related to the field (e.g. Screen Actors Guild for actors).

·         USCIS Guidance: USCIS may provide guidance on which peer groups or labor organizations to use.

·         Peer Experts: In some cases, a recognized expert in the field can substitute for a formal organization.

What to Include in the Opinion

The written consultation should:

1.      Describe the Work:

·         Event, production or employment.

·         Role in the industry.

2.      Verify the Beneficiary’s Qualifications:

·         Confirm extraordinary ability or unique skills of the beneficiary.

·         Specific achievements or contributions.

3.      Endorse the Beneficiary:

·         State unequivocally the beneficiary is qualified and the position fits their skills.

Common Issues and Solutions for Consultation

A. Can’t Find a Peer Group

·         Talk to industry contacts or prior petitioners to find a recognized organization.

·         If none exists, state so in the petition.

B. Delays in Getting the Opinion

·         Start the process early, some organizations take weeks to get back to you.

·         Be clear on deadlines when you contact the organization.

C. Petition Denied Because of Missing Opinion

·         Always include documentation of attempts to get the opinion if one is not available at time of filing.

File the Opinion

·         Attach the written consultation to your I-129 petition.

·         Label it clearly as “Exhibit: Advisory Opinion” in your documentation package.

Best Practices for the Opinion

·         Comprehensive Details: Make sure the opinion is thorough and directly supports the beneficiary.

·         Strong Endorsement: Use clear language that supports the petition.

·         Timeliness: File the opinion as soon as possible to avoid delays.

Benefits of the Opinion

·         Adds weight to the petition.

·         Gives USCIS third party validation of the beneficiary’s qualifications.

·         Reduces chance of RFE or denial.

Forms for Dependents

 Form I-539, Application to Extend/Change Non-immigrant Status

·         Filed by dependents (spouse and unmarried children under 21) to O-3 status to follow O-1 beneficiary.

Comprehensive Guide to Filing Form I-539 for O-3 Dependents

Form I-539, Application to Extend/Change Non-immigrant Status is required for certain non-immigrants in the US who want to extend their stay, change to another non-immigrant status or reinstate their status. For O-3 dependents—spouse or unmarried children under 21 of O-1 (aliens of extraordinary ability) or O-2 (essential support personnel) workers—filing this form is necessary to maintain status while following the principal O-1 or O-2 worker.

This guide will walk you through step by step how to fill out Form I-539 for O-3 dependents and make sure you don’t miss anything and avoid common mistakes.

Understand the Purpose of Form I-539

You can use Form I-539 to:

·         Extend Stay: If your current O-3 status is about to expire and you want to stay in the US longer.

·         Apply for a Change Status to O-3: If you are currently in another non-immigrant status and want to change to O-3 to follow an O-1 or O-2 principal worker.

Determine When to File

Timelines are very important:

·         Before Current Status Expires: File your application before your non-immigrant status expires to avoid being out of status.

·         Recommended Filing Window: At least 45 days before your status expires but no more than 6 months prior.

·         Late Filing Considerations: If you must file after your status has expired, provide evidence of:

o    Extraordinary Circumstances: The delay was beyond your control.

o    Reasonable Duration: The delay was justifiable.

o    Compliance with Status: You haven’t violated the terms of your current status.

o    Continued Eligibility: You are still a non-immigrant.

o    No Removal Proceedings: You are not in deportation or removal proceedings.

Verify Eligibility

Who May File:

·         Primary Applicant: An O-3 dependent (spouse or unmarried child under 21) of an O-1 or O-2 non-immigrant worker.

·         Co-Applicants: Multiple dependents can be included in one Form I-539 application. Each co-applicant must complete a separate Form I-539A.

Who May Not File:

·         O-1 and O-2 Principal Workers: Use Form I-129 for extensions or changes of status.

·         Ineligible Non-immigrants: Individuals in certain statuses (e.g. Visa Waiver Program, C or D non-immigrants) or in removal proceedings cannot file Form I-539.

Gather Required Documents

Collect the following documents to support your application:

A. Proof of Current Status

·         Form I-94 (Arrival/Departure Record):

o    Copy (front and back) for each applicant in the application.

o    If lost, get your electronic I-94 at CBP I-94 Website or file Form I-102 for a replacement.

B. Proof of Relationship to O-1 or O-2 Worker

·         Marriage Certificate: For spouse.

·         Birth Certificates: For unmarried child under 21.

·         Proof of Termination of Prior Marriages: If applicable, include divorce decrees or death certificates for previous marriages.

C. Proof of O-1 or O-2 Principal Worker’s Status

Include one of the following:

1.      Copy of Form I-129 (Petition for a Non-immigrant Worker):

·         The petition filed for the O-1 or O-2 worker.

2.      Form I-797 Receipt Notice:

·         Pending Form I-129 petition for the O-1 or O-2 worker.

3.      Form I-94 of the Principal Worker:

·         Copy of the O-1 or O-2 worker’s most recent I-94 (front and back).

4.      Form I-797 Approval Notice:

·         Evidence of O-1 or O-2 worker’s status for the requested period.

D. Additional Supporting Documents

·         Passport Biographical Page:

o    Copy for each applicant, valid beyond the requested stay.

·         Financial Support Evidence:

o    Bank statements, affidavits of support, or employment letters showing sufficient funds.

Complete Form I-539

Follow these steps to fill out the form:

Part 1: Information About You

·         Item 1. Family Name (Last Name): Enter your last name as it appears on your passport.

·         Item 2. Given Name (First Name): Enter your first name.

·         Item 3. Middle Name: If applicable.

·         Other Information:

·         Date of Birth: MM/DD/YYYY

·         Country of Birth and Citizenship: Enter your country of birth and current citizenship.

·         A-Number (if any): Alien Registration Number, if you have one.

·         U.S. Mailing Address: Enter a complete address where you can receive mail securely.

Part 2: Application Type

·         Item 1. I am applying for: Check one:

o    Extension of Stay: If you want to stay in your current O-3 status.

o    Change of Status: If changing from another non-immigrant status to O-3.

·         Item 2a-2c. Total Number of People Included in This Application: Yourself and co-applicants.

Part 3: Processing Information

·         Item 1. Date of Your Last Arrival in the U.S.: As shown on your I-94.

·         Item 2. Current Non-immigrant Status: O-3 Dependent or current status if changing.

·         Item 3. Expires On: Expiration date from your I-94.

·         Item 4. Requested Extension Until: O-1 or O-2 principal’s end date.

Part 4: Additional Information About the Applicant

·         Item 1a-3c. Information About Your Eligibility:

o    Briefly explain why you are applying and any additional information to support your request.

Part 5: Information About Family Members

·         If includes dependants:

o    Complete a separate Form I-539A for each co-applicant.

o    Enter each family member’s full name, relationship to you, date of birth, country of birth and citizenship, and current status.

Part 6: Applicant’s Signature

·         Item 1a-6. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature:

o    Read the declaration.

o    Sign and date.

o    Enter your contact information.

o    Note: If under 14 or unable to sign, a parent or legal guardian must sign on their behalf.

Form I-539A for Co-Applicants

For each dependent included in your application:

·         Personal Information:

o    Full name, date of birth, country of birth and citizenship.

·         Relationship to Principal Applicant:

o    Specify as Spouse or Child.

·         Current Immigration Status:

o    Enter their current status (e.g. O-3, F-2).

·         Signature:

o    Each co-applicant must sign their own Form I-539A.

o    Minors under 14 or incapacitated individuals, a parent or legal guardian may sign.

Organize Your Application Package

In the following order:

1.      Form I-539:

·         Completed and signed by the applicant.

2.      Form I-539A:

·         One for each co-applicant, completed and signed.

3.      Filing Fee:

·         Check or money order to “U.S. Department of Homeland Security”.

·         Biometric services fee if required (check USCIS guidelines).

4.      Cover Letter (Optional but Recommended):

·         Briefly explain what you are applying for.

·         Table of contents of enclosed documents.

5.      Supporting Documents:

·         Proof of current status (I-94 copies).

·         Proof of relationship to O-1 or O-2 worker.

·         Proof of principal worker’s status.

·         Passport copies.

·         Financial support evidence.

6.      Additional Evidence:

·         Any other evidence of eligibility.

Review and Double Check Your Application

Before submitting:

·         Accuracy: Make sure all information is correct and consistent across forms and documents.

·         Completeness: Make sure no fields are blank.

·         Signatures: Make sure all signatures are there.

·         Dates: Make sure all dates match (e.g. I-94 expiration dates, requested extension dates).

Submit Your Application

Filing Options:

·         Online Filing:

o    Create an account on myUSCIS.

o    Follow the instructions to complete and submit Form I-539 and upload supporting documents.

o    Pay the filing fee online.

·         Mail Filing:

o    Send to the correct USCIS Lockbox Facility.

o    The address depends on your state of residence and the classification of your application. See the latest USCIS Form I-539 Instructions for the address.

Important:

·         Use a secure method (e.g. certified mail with return receipt) to track your application.

After Filing: What to Expect

A. Receipt Notice

·         USCIS will send you a Form I-797C, Notice of Action, to confirm they received your application.

·         This notice will have your receipt number which you can use to check your case status online.

B. Biometrics Appointment

·         Biometric Services Fee: If required, make sure you included this fee with your application.

·         Appointment Notice: USCIS will schedule an appointment at an Application Support Centre (ASC) for fingerprinting and photographing.

·         Attend the Appointment: Bring the appointment notice and a valid photo ID.

C. Processing Time

·         Processing times are variable. Check the current times on the USCIS Processing Times page.

D. Decision

·         Approval: You will receive an approval notice and an updated I-94 with new status or extended stay.

·         Denial: If denied, USCIS will provide reasons and information on whether you can appeal or file a motion to reopen.

 Tips to File Successfully

·         File Early: File your application well before your current status expires to avoid gaps in status.

·         Check Your Status: Use the receipt number to check your case status.

·         Keep Copies: Save copies of all forms and documents for your records.

·         Address Changes: If you move, update your address with USCIS using Form AR-11 or through your online account.

 Common Mistakes to Avoid

·         Incomplete Forms: Make sure all sections are filled out. Use “N/A” for not applicable fields.

·         Incorrect Fees: Check the current fee on the USCIS Fee Schedule and include the correct amount.

·         Missing Signatures: Double check you and all co-applicants signed where required.

·         Inconsistent Information: Ensure consistency across all documents (e.g., names, dates of birth).

Additional Forms

Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

This is generally used If you have an attorney helping with your application.

Comprehensive Guide to Filing Form G-28: Notice of Entry of Appearance as Attorney or Accredited Representative

Form G-28 is used by attorneys and accredited representatives to notify the U.S. Department of Homeland Security (DHS) of their authority to represent a client in immigration matters. This form must be included with the application, petition or request so that legal representation is recognized by DHS agencies, including USCIS, CBP and ICE.

Here’s a simple and concise guide to completing and filing Form G-28 without extra information

Purpose of Form G-28

Form G-28 is required to:

·         To establish the attorney’s or accredited representative’s authority to act on behalf of the client.

·         To notify DHS agencies (USCIS, CBP or ICE) of the representative’s entry of appearance in immigration matters.

Who Can File G-28?

Eligible Individuals

1.      Attorneys:

o    Licensed to practice law in any U.S. state, territory or the District of Columbia.

2.      Accredited Representatives:

o    Authorized by the Department of Justice under 8 CFR part 1292.

3.      Law Students/Graduates:

o    Working under the direct supervision of an attorney or accredited representative as permitted under 8 CFR 292.1(a)(2).

Ineligible Individuals

1.      Foreign Attorneys:

·         Use Form G-28I for matters outside the U.S.

2.      Reputable Individuals:

·         Must request permission from DHS to represent clients.

General Filing Instructions

Get Form G-28

·         Download for free from the USCIS website.

·         Make sure you have the latest version of Adobe Reader to view and fill out the form.

For more info https://www.uscis.gov/sites/default/files/document/forms/g-28.pdf

Filling Out the Form

1.      Use Black Ink:

·         Type or print in black ink.

2.      Use Additional or Extra Space When Necessary:

·         If more space is needed, use Part 6: Additional Information or attach a separate sheet. Label the sheet with the page, part and item numbers.

3.      Signatures:

·         All signatures must be handwritten. No photocopies, stamps or typed signatures.

Submission

·         Attach G-28 to the main application, petition or request.

·         For in-person appearances, submit to the DHS officer handling the case.

Completing Form G-28: Step-by-Step Instructions

Part 1: Attorney or Accredited Representative Information

1.      USCIS Online Account Number:

·         If you have a USCIS account, enter the number here.

2.      Attorney/Representative Information

·         Provide your Full legal name, mailing address and contact information including email and phone number

Part 2: Eligibility Information

1.      Attorneys:

·         List your licensing authority for each state or jurisdiction.

·         Bar numbers if applicable.

·         Disclose any disciplinary actions or restrictions in Part 6 if necessary.

2.      Accredited Representatives:

·         Name of organization

·         Date of accreditation

3.      Law Students/Graduates:

·         Supervising attorney/representative information

·         Sign same G-28 in Part 5

Part 3: Notice of Appearance

1.      DHS Agency:

·         Which agency is handling the client’s case:

o    USCIS: Form numbers or application type.

o    CBP/ICE: Matter

2.      Receipt Number:

·         If applicable, enter the USCIS receipt number for pending petitions or applications.

3.      Client Information:

·         Provide the following

o    Client’s full name

o    Contact information

o    Mailing address

o    A-Number

o    USCIS Online Account Number (if applicable)

Part 4: Client’s Consent to Representation

1.      Client Consent Options:

·         Check if client wants original notices and/or secure identity documents sent to representative.

·         If client consents to representative receiving these documents, make sure the mailing address is valid.

2.      Signature:

·         Client or authorized signatory (for entities) must sign and date.

·         Minors under 14 or individuals unable to sign, a parent or legal guardian may sign.

Part 5: Signature of Attorney or Accredited Representative

·         Attorney, accredited representative or law student/graduate must sign and date.

Part 6: Additional Information

·         Use this section to:

o    Add extra eligibility or client information.

o    Disclose disciplinary actions.

o    Add additional mailing addresses for secure documents (if applicable).

Filing the Form

When to File

·         File G-28 with every new application, petition or request.

·         If filing an appeal with the Administrative Appeals Office (AAO), file a separate G-28 with Form I-290B.

How to File

1.      With the Main Filing:

·         Attach G-28 to the front of the relevant immigration form (e.g. Form I-129, Form I-539)

2.      In-Person Representation:

·         Submit Form G-28 to the DHS office for interviews or limited appearances.

   After Filing

1.      Acknowledgment:

·         DHS agencies will send notice of the attorney’s or representative’s entry of appearance.

·         Notices and communications will be sent based on client’s choices in Part 4.

2.      Updates:

·         File a new G-28 if representation changes or if entering a new case.

Common Mistakes to Avoid

·         Incomplete Information:

o    Make sure all fields are filled out, including attorney or bar information.

·         Missing Signatures:

o    Verify client and representative have signed.

·         Wrong Form:

o    Use G-28I for cases outside the U.S.

·         Disorganized Filing:

o    Attach G-28 clearly to the application or petition.

Helpful Tips for G-28 Forms

·         Use the Latest Version:

o    Always download the current form from USCIS.gov.

·         Check Twice:

o    Make sure information is consistent across all forms and documents.

·         Organize Filing:

o    Ensure that G-28 is attached to the main filing.

·         Track the Case:

o    Use the USCIS receipt number to check case status online.

I-907 Guide: Request for Premium Processing Service

Form I-907 allows petitioners or applicants to request Premium Processing Service for certain eligible immigration benefit requests. This service gets your case processed within a certain timeframe so you get a decision on the underlying petition or application faster.

Here’s the step-by-step guide to complete and file Form I-907.

Purpose of Form I-907

Use Form I-907 to:

·         Request Premium Processing Service for eligible petitions or applications.

·         Get decisions on petitions or applications such as I-129 (Petition for Non-immigrant Worker) or I-140 (Immigrant Petition for Alien Workers).

When to File Form I-907

You can file Form I-907:

·         With the initial petition or application: File both together.

·         After filing the underlying request: File I-907 separately as long as USCIS has not made a final decision.

·         For pending requests: To upgrade a previously filed petition or application to Premium Processing.

Note: Premium Processing is not available for requests reopened after a final decision has been made.

Premium Processing Details

·         Processing Timeframes: USCIS will take specific actions (e.g. approval, denial or request for evidence) within the published timeframe for the petition type.

·         Refund of Fees: If USCIS does not take action within the guaranteed timeframe, the Premium Processing fee will be refunded but the petition will continue to process.

·         Fraud Investigations: USCIS may suspend the processing timeframe if a fraud or misrepresentation investigation is initiated.

·         Stop-and-Resume Rule: If a request for evidence (RFE) or notice of intent to deny (NOID) is issued, the processing clock stops and starts when USCIS receives the response.

General Filing Instructions -How to File

1.      Download the Form: Get the latest version from the USCIS website.

2.      Fill out the Form:

o    Use black ink and type or print clearly.

o    Answer all questions truthfully.

o    Use Part 6: Additional Information or attach a separate sheet for extra details.

3.      Signatures:

o   Ensure all signatures must be handwritten.

o   Photocopies, stamps or typed names will be rejected.

I-907 Step-by-Step Instructions

Part 1: Information About the Person Filing This Request

1.      Alien Registration Number (A-Number):

·         Enter your A-Number if you have one. If none, write N/A.

2.      USCIS Online Account Number:

·         Enter your account number if you’ve used the USCIS online system.

3.      Your Name:

·         Enter your full legal name (first, middle, last).

4.      Company/Organization:

·         If filing on behalf of a company, enter the company name.

5.      Mailing Address:

·         Where USCIS should send correspondence related to this request.

6.      Physical Address:

·         If different from the mailing address, enter your current physical location.

7.      Type of I-907 Request:

·         New or upgrade of a pending petition/application?

Part 2: Related Petition or Application Information

1.      Receipt Number:

·         Enter the receipt number for the petition or application (if already filed).

2.      Petition/Application Type:

·         Form number (e.g. I-129, I-140, I-765, I-539)

3.      Petitioner/Applicant Name:

·         Name of the petitioner or applicant as listed on the underlying request.

4.      Beneficiary Name:

·         If applicable, name of the person being petitioned for.

5.      Filing Date and Location:

·         Filing date and location

Part 3: Requestor’s Statement, Contact Information, Declaration, Certification and Signature

1.      Statement:

·         Did you read and complete the form yourself or use an interpreter/preparer?

2.      Contact Information:

·         Phone number(s), email address, etc.

3.      Signature:

·         Sign and date. Parents or legal guardians may sign for minors or mentally incapacitated individuals.

Part 4: Interpreter’s Contact Information, Certification and Signature

1.      Details of the Interpreter:

·         Interpreter’s full name, organization (if applicable) and contact information.

2.      Certification:

·         Interpreter translated the form accurately.

3.      Signature:

·         Interpreter’s signature and date

Part 5: Preparer’s Contact Information, Declaration, and Signature:

1.      Details of the Preparer:

·         If someone helped you complete the form, their full name, organization (if applicable) and contact information.

2.      Certification:

·         Preparer’s certification of the information provided.

3.      Signature:

·         Preparer must sign and date this section. Attorneys or accredited representatives must submit a Form G-28.

Part 6: Additional Information

1.      Use this section for:

o    Extra information related to your request or petition/application.

o    Reasons for incomplete sections or complex situations.

2.      Write your name and A-Number (if any) at the top of any additional pages.

Submitting the Form

Filing with the Primary Petition/Application

·         Attach Form I-907 to the front of the petition/application.

·         Include the Premium Processing fee as a separate payment.

Filing After the Initial Request

·         Mail Form I-907 to the USCIS service centre that processed the original petition or application.

Filing Fee

·         See Form G-1055 on the USCIS website for the current fee.

·         Payment must be by check, money order or credit card (if filing electronically).

After Filing

1.      Acknowledgment:

·         USCIS will send a receipt notice for the Premium Processing request.

2.      Processing Timeframe:

·         USCIS will take action within the timeframe for the petition or application.

3.      Communication:

·         Updates will be sent to the address or contact information on the form.

Tips for Filing Form I-907

·         Be Accurate:

o    Review everything: names, receipt numbers, contact information.

·         File Early:

o    Submit as soon as you need expedited processing to avoid delays.

·         Attach Necessary Documents:

o    Copy of receipt notice for the petition (if applicable).

·         Track Your Case:

o    Use the receipt number to check your case status online.

Common Mistakes to Avoid:

·         Missing Signatures:

o    Requestor, interpreter and preparer signatures are required.

·         Wrong Filing Fee:

o    Check the current fee and make sure you used the correct payment method.

·         Incomplete Information:

o    Fill in all required fields to avoid denial or delay.

·         Submitting for Ineligible Cases:

o    Make sure the petition/application is eligible for Premium Processing.

Form I-765, Application for Employment Authorization

Comprehensive Guide to Form I-765 for O-1 Guide for O-1 Visa Holders and Dependents

The O-1 visa is for people with extraordinary ability, but while O-1 principal visa holders don’t need to file Form I-765, Application for Employment Authorization, their O-3 dependents (spouses and unmarried children under 21) may need to file Form I-765 in specific and unusual circumstances.

This guide covers the not-so-well-known aspects of Form I-765 for O-1 visa holders and dependents, eligibility, strategy and process.

Understanding Form I-765 for O-1 Visa Holders and Dependents

• For O-1 Visa Holders:

  • Principal O-1 visa holders don’t need to file Form I-765 because their work authorization is tied to the O-1 visa and the approved Form I-129 petition.

  • File Form I-765 only in rare cases, such as when transitioning to another status or applying for specific ancillary work authorization during a status adjustment.

• O-3 Dependents:

  • O-3 dependents are not eligible to work in the U.S. However, under humanitarian grounds, public interest or special waivers, O-3 dependents may apply for an EAD using Form I-765.

Rare Cases Where Form I-765 May Apply

O-1 Principal Visa Holders

• Transition to Adjustment of Status (AOS):

  • O-1 visa holders who file for a green card and concurrently file Form I-485, Application to Adjust Status, can file Form I-765 for employment authorization. This allows for continuous work authorization during the adjustment process.

  • Filing Form I-765 during AOS allows for flexibility to work beyond the O-1’s approved scope if needed.

• Specialized Government Programs:

  • In rare cases, O-1 holders may need additional work authorization under specific government programs or collaborations. Filing Form I-765 may be a strategic move in such cases.

For O-3 Dependents

• Humanitarian Reasons:

  • Extreme hardship, such as financial crisis or medical emergency, may allow O-3 dependents to apply for an EAD.

  • Example: O-3 spouse needs to work to support the household when the O-1 worker loses job unexpectedly.

• Educational or Training Opportunities:

  • While O-3 dependents can’t work full-time by default, but some educational institutions or training programs may allow them to apply for an EAD to do internships or practical training related to their studies.

• Change in U.S. Immigration Policy or Waivers:

  • USCIS sometimes introduces new policies or waivers for previously restricted dependent categories. Stay informed and O-3 dependents may have opportunities.

How to File Form I-765

Step 1: Fill out Form I-765

• Choose the correct eligibility category:

  • Most O-3 dependents will fall under (c)(34) or (c)(35) depending on their specific eligibility.

• Answer all questions clearly and accurately.

Step 2: Gather Supporting Documents

• Identity documents, financial records, O-1 principal’s status evidence

Step 3: File Application

• Mail the completed Form I-765 and supporting documents to the correct USCIS lockbox or file online (if eligible).

Step 4: Biometrics Appointment

• O-3 dependents may be required to appear for biometrics as part of the process

The Future of O-3 Work Authorization Future

• Immigration reform sometimes includes expanding work authorization for dependent visa holders, including O-3 dependents. Advocates for these reforms suggest aligning O-3 benefits with more liberal categories like H-4 (spouses of H-1B visa holders).

• Staying informed about policy changes can help dependents explore opportunities for work authorization as they arise.

6. Used by certain dependents in O-3 status if they are eligible to apply for work authorization under specific circumstances.

Hidden and Rarely Discussed Filing Strategies

Demonstrating Eligibility for O-3 Dependents

Unlike other visa-dependent categories, O-3 dependents are subject to more scrutiny when applying for work authorization. To make a stronger case:

• Justify the Need for Employment:

  • Clearly explain why the work authorization is necessary, whether for financial, humanitarian or other extraordinary reasons.

  • Example: “O-3 applicant needs work authorization to support a dependent child undergoing extensive medical treatment.”

• Evidence of Relationship to O-1 Visa Holder:

  • Include marriage certificate (for spouses) or birth certificate (for children under 21) and evidence that the O-1 holder is maintaining their status.

Supporting Documents

Some hidden but useful documents include:

• Affidavits of Support:

  • Sworn affidavits from community leaders, medical professionals or employers explaining why work authorization is needed for the O-3 dependent.

• Evidence of Public Interest:

  • Letters from government or private institutions stating how the O-3’s employment aligns with U.S. public interest.

Combining Applications

• Concurrent Filing:

  • If filing Form I-765 with Form I-539 (Extension/Change of Status), include documents showing why work authorization is related to the dependent’s requested status change.

• Filing During Adjustments:

  • If transitioning from O-3 to another status (e.g. F-1 for study), filing Form I-765 with the status adjustment request can reduce processing time.

Unusual Problems and Solutions

1. Proving Financial Hardship

• Many O-3 dependents struggle to prove financial hardship for work authorization.

• Solution:

  • Include detailed financial documents such as:

    • Tax returns showing limited household income.

    • Bank statements showing financial strain.

    • Medical bills or tuition statements.

2. Navigating Policy Ambiguity

• Work authorization for O-3 dependents is not well publicized so there is confusion about eligibility.

• Solution:

  • Consult with O visa attorneys.

  • Reference USCIS policy memos or executive orders that affect O-3 dependent work authorization.

3. Overcoming Processing Delays

• Premium processing is not available for Form I-765 so there may be delays.

• Solution:

  • Check USCIS processing times and submit inquiries or expedite requests if delays cause severe hardship.

Forms for Visa Stamp Forms at a U.S. Consulate

DS-160, Online Non-immigrant Visa Application

Required for the O-1 beneficiary and any accompanying dependents applying for a visa at a U.S. consulate or embassy.

Comprehensive Guide to Filing the DS-160 Online Non-immigrant Visa Application

1. Access the DS-160 Form

Start by going to the Consular Electronic Application Centre (CEAC) website. This is the official site to fill out the DS-160. Choose the U.S. Embassy or Consulate where you will be applying for your visa so that it matches your interview location.

2. Begin Application

Click “Start an application” to start. A Application ID will appear at the top of the page—write it down or save it somewhere safe as you will need it to retrieve your form if you need to stop and come back later.

3. Fill out the DS-160 Form

Fill out the application in English. Make sure all answers are correct and complete. The form will be divided into several sections:

·         Personal Information: Enter your name, date of birth, nationality, and marital status.

·         Passport: Enter your passport number, date of issue and expiration date.

·         Travel Information: Enter the purpose of your trip (e.g. tourism, business, study, fiancé(e) visa) and your travel dates. Include the address of your accommodations and contact information for any U.S. based references.

·         Previous Travel History: If applicable, enter previous U.S. travel, including dates and purpose of travel.

·         Family Information: Enter immediate family members (parents, spouse, children)

·         Employment and Education History: Enter current and past employment and education.

·         Security and Background Questions: Answer questions about your health, criminal record, immigration violations and security concerns.

4.      Upload Your Photograph

Upload a digital photo that meets U.S. visa requirements. Make sure the photo is recent, clear and follows the guidelines on the U.S. Department of State’s website.

5.      Review Your Application

Before submitting, review the entire form carefully. Check for typos, inconsistencies or missing information as errors can cause delays or denial.

6. Sign and Submit

Read the disclaimer carefully and then click “Sign Application”. Once signed, submit the form. You will get a confirmation page with a barcode. Print this page immediately as it is required for your visa interview.

7. Schedule Your Interview

After you have completed the DS-160, go to the website of the U.S. Embassy or Consulate where you will be interviewed. Follow the country specific instructions to schedule your visa appointment. Make sure you have your DS-160 barcode number with you as you will need it during the scheduling process.

8. Pay the Application Fee

Read the payment instructions on the Embassy or Consulate’s website and pay the visa application fee. Keep the receipt with you as you will need it for your interview.

9. Get Ready for Your Interview

Collect all the documents you need to bring to your visa interview:

·         The printed DS-160 confirmation page with the barcode.

·         A valid passport (with at least 6 months validity beyond your intended stay in the U.S.).

·         Your application fee receipt.

·         Any other documents required by the U.S. Embassy or Consulate (e.g. proof of financial support, employment verification, invitation letter.

10. Attend Your Visa Interview

Be at the Embassy or Consulate on time for your interview. Be prepared to answer questions about your travel plans, background and purpose of visit. The consular officer will use your DS-160 responses along with the interview to determine your visa eligibility.

Tips for Success

·         Save Your Work Frequently: The DS-160 system times out after 20 minutes of inactivity. Use the “Save” button regularly to avoid losing your work.

·         Use a Supported Browser: Use Chrome, Firefox or Edge as Safari and old browsers are not supported.

·         Maintain Honesty: Provide accurate and truthful information throughout the application to avoid complications or ineligibility.

O-1 Visa Processing Time and Validity: A Complete Guide (2024)

If you’re applying for an O-1 visa in 2024 you need to understand the processing time and validity. The O-1 visa for individuals with extraordinary ability in arts, sciences, education, business or athletics has a multi-step process that depends on where you file and if you use expedite. Here’s a breakdown to help you through the process.

O-1 Visa Processing Time

Standard Processing Times

1.      California Service Centre: As of February 2024, the average processing time for the I-129 petition is 2.5 months.

2.      Vermont Service Centre: This centre is processing faster, 5 weeks.

Factors that Affect Processing Times

·         Workload Variability: Processing times can change month to month based on the number of petitions received and other operational factors.

·         Service Centre Assignment: Where you file your petition can make a big difference.

Make Sure You Submit Correctly

·         Always check the USCIS website for the direct filing address for Form I-129 to make sure you’re sending your petition to the right place. Misdirected applications can cause delays.

Premium Processing

·         What It Is: For a fee, Premium Processing guarantees USCIS will respond to your petition within 15 calendar days of receipt.

·         Cost: $2,500 (as of 2024)

·         How to Use It: File Form I-907 with your I-129 petition or file it separately later. This is useful for those with time sensitive applications.

What to Do if Processing Is Taking Longer

·         Contact USCIS Customer Service: If your petition is past the standard processing time, contact USCIS for help. They can give you updates on your case and help resolve any issues.

·         Check Case Status Online: Use the USCIS Case Status tool to check your petition. You’ll need your receipt number to access this.

O-1 Visa Validity: How Long Can You Stay?

1. Initial Approval Period

·         An O-1 visa is valid for up to 3 years based on the duration of the project or event you’ll be involved in while in the U.S.

2. Extensions

·         Eligibility: You can request extensions in one-year increments if your project requires a longer stay.

·         No Limit on Extensions: There is no limit to the number of extensions you can apply for as long as you continue to qualify for the O-1 visa.

3. Tracking Your Stay

·         I-94 Card Importance: When you enter the U.S. you will receive an I-94 card that will show your duration of stay. The date on this card is what governs how long you can legally stay in the country regardless of your visa validity.

Updates and Tips

1. Filing Strategy

·         If you can, file your I-129 petition with the Vermont Service Center to get faster processing times.

·         Use Premium Processing wisely. For those with imminent project deadlines or scheduled U.S. travel, the expedited option is worth it.

2. Documentation Preparation

·         Make sure your petition package is complete with all required documents including:

o    Evidence of extraordinary ability (awards, published work or letters of recommendation).

o    U.S. project or event description.

o    Proof of employer sponsorship.

3. Staying Compliant

·         Monitor your visa validity and I-94 expiration to avoid accidental overstays.

·         Plan for extensions in advance to avoid interruptions in your stay or work.

4. Professional Help

·         Consider consulting an immigration attorney if your case is complex, such as dual intent or multiple U.S. employers.

Understanding the Costs Associated with Filing Form I-129: A Detailed Guide

Filing Form I-129, Petition for a Non-immigrant Worker, has specific fees based on the employer’s size and type. It’s important for petitioners to know these fees, payment options and potential additional costs that may arise during the process. Here’s a breakdown with more information for petitioners and beneficiaries.

I-129 Filing Fees

1. Standard Filing Fees

·         General Employers: $1,055

·         Smaller Employers and Nonprofits: Qualifying smaller employers and nonprofit organizations pay a reduced fee of $530.

2. Who Pays the Fee?

·         The fee is usually paid by the petitioner which is often the beneficiary’s employer or sponsor.

·         Fees must be paid at the time of filing to avoid processing delays or denial.

Payment Options

·         Check or Money Order:

o    Make it payable to “U.S. Department of Homeland Security”.

o    Be accurate to avoid processing issues; incorrect payee names will result in petition denial.

·         Credit Card (via USCIS Lockbox):

o    Employers can use a credit card by submitting Form G-1450 (Authorization for Credit Card Transactions) with the petition.

o    This option is only available when using a USCIS lockbox facility.

Tips for Smooth Payment Processing:

·         Verify the fee amount is correct based on your organization type (nonprofit vs. general employer).

·         Make sure the payment method is in accordance with USCIS guidelines for your filing location.

·         Keep a copy of the check, money order or Form G-1450 for your records.

Additional Costs to Consider

1. Premium Processing (Optional)

·         Employers can expedite Form I-129 processing by paying an additional $2,500 for Premium Processing.

·         Will get a response from USCIS within 15 calendar days.

·         Premium Processing is good for urgent employment needs or tight deadlines.

2. Travel Reimbursement Obligations

·         If the beneficiary is terminated or asked to leave the U.S. before the end date on the petition, the petitioner may be required to pay for the beneficiary’s return airfare to their home country.

·         This is according to U.S. immigration regulations to ensure the petitioner fulfils their obligation to the non-immigrant worker.

3. Attorney or Immigrant Consultant Fees

·         Employers or beneficiaries can hire legal or professional help to file. Fees for these services are separate from the USCIS filing fees.

Cost-Saving Tips to Save Money

1.      Nonprofit Discounts: Check if your organization is a nonprofit or small employer to get reduced fees.

2.      Plan Ahead: File the petition well before the start date to avoid Premium Processing.

3.      Accurate Documents: Make sure all forms are filled out correctly to avoid delays and additional costs for resubmission.

Important Considerations for Beneficiaries

1. Understanding Employer Obligations

·         While petitioners pay the filing fees, beneficiaries should review their employment agreement to see if there are any financial obligations.

2. Avoid Unnecessary Expenses

·         Miscommunication between the petitioner and beneficiary can cost you money. Discuss travel, visa interview and other expenses upfront.

3. Know Your Rights

·         If terminated early, the petitioner will have to fund your return airfare. Make sure you know this is a U.S. immigration law requirement.

Quick Summary of Costs

Fee Type	Amount	Who Pays?
Form I-129 Filing Fee	$1,055 (standard) / $530 (nonprofits)	Employer or petitioner
Premium Processing	$2,500	Employer (optional, for expedited cases)
Return Travel Cost	Varies	Employer (if early termination occurs)

 

Filing Locations for O-1 and O-2 Visa Petitions (Form I-129)

Regular O Petitions (O-1A, O-1B, O-2)

You can submit Form I-129 petitions to the USCIS Texas Service Center based on the delivery method.

For USPS Deliveries:

• Address:
  USCIS Texas Service Center
  Attn: I-129 O
  6046 N Belt Line Rd. STE 115
  Irving, TX 75038-0018

For FedEx, UPS, or DHL Deliveries:

• Address:
  USCIS Texas Service Center
  Attn: I-129 O
  6046 N Belt Line Rd. STE 115
  Irving, TX 75038-0001

Premium Processing for O Petitions (Form I-129 with Form I-907)

If you are filing Form I-129 with the premium processing request Form I-907, or if you are submitting Form I-907 separately for premium processing, use the following addresses:

For USPS Deliveries:

• Address:
  USCIS Texas Service Center
  Attn: I-129 O Premium Processing
  6046 N Belt Line Rd. STE 907
  Irving, TX 75038-0022

For FedEx, UPS, or DHL Deliveries:

• Address:
  USCIS Texas Service Center
  Attn: I-129 O Premium Processing
  6046 N Belt Line Rd. STE 907
  Irving, TX 75038-0001

Overcoming Challenges: Common Pitfalls and Rare Solutions

While the O-1 visa has many benefits, it’s not without challenges:

·         Evidence Thresholds: The amount of documentation required can be overwhelming, especially for younger applicants or in emerging fields. Here are some solutions:

o    Submitting evidence of innovation in niche areas where recognition hasn’t developed yet.

o    Leveraging testimonials from top professionals to establish credibility.

·         Job Offer Specificity: USCIS will often question if the job offered matches the applicant’s claimed extraordinary abilities.

o    Job descriptions that match the applicant’s expertise.

o    Contracts or agreements that highlight the applicant’s unique contributions to the project.

Rarely Discussed Challenges

1.      Balancing Breadth vs. Depth of Evidence Submitting too much evidence without clear organization and you can weaken a case. Prioritize evidence that directly addresses USCIS criteria and include a legal summary that connects evidence to each requirement.

2.      Navigating Dual Roles (Employee and Founder) For entrepreneurs, demonstrating extraordinary ability while being an employee of your own company can be tricky. Strategies include:

o    Showcase how your company is an extension of your work.

o    Using an independent board of directors to validate your extraordinary contributions.

3.      Meeting the ‘Future Intent to Work’ Requirement The O-1 visa requires proof that you will continue to work in your field. This is often overlooked but can be addressed by:

o   Letters of intent from potential employers or clients.

o   Itineraries of upcoming projects.

Strategies to Build a Strong Case

1.      Elevating the Role of Recommendation Letters

      Recommendation letters should go beyond just general praise and include:

·         Specific contributions you’ve made to the field.

·         Quantifiable results of your work (e.g. industry adoption rates, citations).

·         What sets you apart from others in your field.

·         Turning Media Coverage into Evidence

2.      Translating media coverage into Evidence:

Media coverage, even from smaller outlets, can be impactful if it highlights:

·         Your work matters to the public or industry.

·         Third party recognition of your role in key projects.

·         Translations for non-English publications, with emphasis.

3.      Use Data to Show Extraordinary Contributions

·         Provide Numbers (e.g. “my research increased AI model performance by 40%”).

·         Cite the adoption of your methods by Companies, universities, governments use your methods.

Challenges in O1 and How to Overcome Them: Detailed Insights

1.      Proving Future Intent to Work in Your Field

One of the main requirements for the O-1 visa is to show that the applicant will continue to contribute to their field of extraordinary ability in the U.S. This can be tough, especially for freelancers, entrepreneurs and people in non-traditional roles.

Challenges:

·         Lack of Documentation: No formal contracts or offers from U.S. based employers.

·         Unclear Future Plans: Freelancers or independent contractors have variable schedules and it’s hard to provide specific proof of work.

·         Short-term Engagements: For those with temporary or project-based work, continuity can be tough.

Strategies to Overcome This:

1.      Formal Documentation:

o    Get signed contracts or letters of intent from U.S. employers or clients. These should outline your role, project scope and duration of engagement.

o    For freelancers, use client agreements or agency sponsorships to show ongoing work.

2.      Upcoming Projects or Collaborations:

2. Include a detailed itinerary of planned work or engagements. Even short-term commitments, when listed together, demonstrate continuity.

3. Mention participation in conferences, exhibitions, or industry events where you are a featured speaker or contributor.

3.      Industry Endorsements:

o   Get letters from industry leaders or collaborators stating your future work potential and relevance in your field.

o   Explain how your skills will benefit the U.S. in specific ways (e.g. advancing innovation, contributing to cultural or scientific growth).

Field-Specific Challenges

Applicants in certain fields have specific challenges when proving extraordinary ability. This section goes into more detail on emerging fields and creative industries and provides tips for applicants.

Emerging Fields

Industries like AI ethics, cryptocurrency, blockchain technology, esports and sustainable tech innovations are new. These fields don’t have traditional benchmarks like awards, memberships in prestigious organizations or long-standing institutional recognition.

Challenges:

·         Lack of Standardized Recognition: New fields don’t have formal awards, associations or accolades to measure success.

·         Explaining the Field’s Importance: USCIS officers may not fully understand the field or its impact on society.

·         Differentiating Yourself: Being unique in a fast-changing field can be tough.

Strategies to Overcome This:

1.      Highlight Field Significance:

·         Include industry reports or academic papers on the emerging field.

·         Provide data on the field’s growth, relevance or adoption in major industries.

2.      Leadership:

·         Show pioneering work, research, patents or innovations that have shaped the field.

·         List out keynote speeches, industry collaborations or advisory roles that demonstrate your impact.

3.      Expert Endorsements:

·         Get letters from recognized thought leaders in the field explaining your role in the field.

·         Use testimonials to connect the dots between technical details and broader impact.

Creative Professionals

Artists, musicians, actors and performers have trouble quantifying their success or aligning their achievements with USCIS’s formal criteria.

Challenges:

·         Subjectivity of Success: Unlike scientists or academics whose work can be measured by objective metrics (e.g. citations, patents), artistic work is judged subjectively.

·         Lack of Formal Recognition: Artists may not have won major awards or worked with well-known institutions so it’s harder to meet traditional benchmarks.

·         Measuring Impact: The impact of an artist’s work (e.g. emotional impact, cultural relevance) is not always measurable or documentable.

Strategies to Overcome This:

1.      Quantify Your Impact:

·         Use audience metrics like ticket sales, viewership, social media following or streaming stats to show public recognition.

·         Provide evidence of commercial success like licensing deals, royalties or chart rankings.

2.      Leverage Partnerships:

·         List out collaborations with notable institutions like museums, galleries, production companies or cultural organizations.

·         Include endorsements or sponsorships from industry leaders or brands.

3.      Critical Reception:

·         Include reviews from well-known critics or publications that mention your work.

·         If available, submit media coverage that focuses on your creative work.

4.      Industry Wide Impact:

·         List out your involvement in training or mentoring other artists which shows you as a leader in the field.

·         Provide documentation of your involvement in community or cultural initiatives that demonstrate your overall impact.

Modern Considerations: The Digital Age and the O-1 Visa

The digital age has changed how we measure success and recognition, especially in the arts, media and entertainment industries. USCIS is now recognizing digital platforms and online presence as legitimate evidence of extraordinary ability. But to use these modern achievements in an O-1 petition requires strategic presentation and alignment with USCIS criteria.

Digital Footprint as Evidence

Your digital footprint can be a big asset to support your O-1 petition if you have significant online recognition or influence. Here’s how to use it:

Social Media Influence

Social media can show your influence, reach and recognition. But not all metrics are created equal to USCIS. Focus on:

·         Follower Metrics: A big, engaged following (e.g. 100K+ followers) means your work is resonating with a large audience. Highlight metrics like likes, shares, comments or engagement rates to show active participation.

·         Content Impact: Show how your work has started industry conversations or trends. For example:

o    Viral campaigns or posts that got mainstream media attention.

o    Collaborations with global brands or influencers in your industry.

·         Endorsements: Partnerships with big brands or organizations because of your digital influence can be evidence of extraordinary ability.

Example: A fashion designer with 500K Instagram followers who collaborates with Gucci or Louis Vuitton can use their posts, campaign metrics and media coverage as evidence.

Digital Media Coverage

Coverage in online media outlets, blogs or niche industry platforms can supplement traditional evidence of recognition. Use:

·         Reputable Platforms: Articles, interviews or features in established digital publications (e.g. Forbes.com, TechCrunch, Vogue Online) carry more weight.

·         Industry-Specific Blogs: If you’re in a niche field, coverage from respected blogs or websites in your industry can show recognition.

·         Content Translation: For non-English media, include certified translations and a summary of the publication and its reach.

Example: A musician featured on RollingStone.com or Pitchfork can include screenshots, article links and a description of the publication’s audience.

Online Collaborations

Collaborations with big online platforms like YouTube, Twitch or Netflix can be evidence under O-1B criteria. Key points:

·         Platform Scale: Show the platform’s global reach and impact in your industry.

·         Role and Recognition: Highlight your key role in the project with metrics (e.g. views, subscriptions, audience engagement).

Example: A content creator producing a YouTube Original series with millions of views can include performance metrics, audience demographics and reviews to support their case.

Streaming and Online Content

Streaming platforms like Netflix, Hulu and Amazon have changed the way we consume content. USCIS is now recognizing projects on these platforms as valid under O-1B (MPTV) category. But applicants must be strategic in presenting their work to fit USCIS’s definition of “extraordinary achievement”.

Blurred Lines Between Arts and Motion Picture Categories

Streaming platforms have merged the lines between traditional motion picture and digital arts. Projects that used to be under O-1B (Arts) might now be under O-1B (MPTV) depending on the nature of the project.

Key Considerations:

·         Production Scale: Projects with big production value, professional teams and large audience often fit the motion picture/television standard.

·         Role in Production: Clearly state your role in the project. For example:

o    For Actors/Performers: Highlight lead or key roles in widely seen productions.

o    For Behind-the-Scenes Professionals: Highlight your unique contributions (e.g. direction, editing, production design) that made a big impact on the project.

·         Streaming Metrics: Include viewership numbers, ratings or user reviews to show how the project was received.

Project-Based Evidence for Streaming Content

When submitting evidence for streaming platforms, include:

1.      Media Coverage: Articles or reviews from established outlets about the project and you in it.

2.      Awards and Nominations: If the project won or was nominated for awards (e.g. Emmy Awards, Streamy Awards) this is a big plus.

3.      Collaborations: Show collaborations with big production companies or industry leaders to demonstrate the project’s prestige.

Example: A cinematographer for a Netflix series can include audience metrics (e.g. 10M views in the first week), positive reviews and a letter from the series producer about their creative vision.

Streaming and Self-Produced Content

Self-produced content can qualify but requires more work to prove its relevance:

·         Evidence of Success: Views, subscriptions, ad revenue or sponsorships can show the impact of self-produced work.

·         Peer or Media Recognition: Include quotes or articles about your content.

Example: A self-produced documentary filmmaker whose project played at Sundance Film Festival or trended on Amazon Prime can use festival submissions, reviews and audience metrics.

O1: Frequently Asked Questions (FAQs)

 

Q: How long is o1 visa valid

 A: Initial stay is 3 years. Extensions are 1-year increments for ongoing projects.

Q: Do I need a U.S. employer to apply for o1 visa?

A: Yes, you need a U.S. employer, agent or sponsor to petition for you.

Q: What if I have multiple employers?

A: You can have multiple employers, but each must file a separate petition or a single agent   can represent all the employers.

Q: Can self-employed apply for o1 visa?

    A: Yes, self-employed can apply but they must have a U.S. agent or company to act as a petitioner.

   Q: What is the process to apply for o1 visa?

A: U.S. employer or agent files Form I-129, Petition for Non-immigrant Worker. Submit    evidence of extraordinary ability. Get an advisory opinion from a peer group or labor organization, if applicable.

Q: How long does it take to process o1 visa?

A: Processing time varies but generally takes 2-3 months. Premium processing is available for an additional fee which reduces the time to 15 calendar days.

Q: What if my application is denied?

 A: You will get a notice explaining the reasons for denial. You can file a motion to reopen or   reconsider the decision or address the deficiencies and reapply.

Q: Is an interview required for o1 visa?

 A: Yes, most applicants will need to attend an interview at a U.S. embassy or consulate in their home country.

Q: What is o1 visa advisory opinion and do I need one?

A: An advisory opinion is a written statement from a peer group, labour organization or management group regarding the individual’s qualifications. It is required in most cases but exceptions may apply.

Q: Can I change employers while on o1 visa?

A: Yes, but the new employer must file a new petition for you.

Q: Can I apply for green card while on o1 visa?

A: Yes, o1 visa is considered “dual intent” meaning you can pursue green card without jeopardizing your o1 status.

Q: What if my project ends before the visa expires?

A: Your visa status is tied to the specific work listed in the petition. If the project ends early, you may need to leave the U.S. unless another employer files a new petition.

Q: Can I work on multiple projects at the same time?

A: Yes, but all projects must be listed in the original petition or a new petition must be filed to include additional work.

Q: Can I apply for o1 visa if I am not famous but highly skilled in a niche field?

A: Yes, fame is not a requirement. If you can provide substantial evidence of your expertise and achievements, you may qualify.

Q: Is o1 visa available for startups?

A: Yes, individuals with extraordinary abilities in business may qualify if their role in the startup demonstrates their expertise and they meet the eligibility criteria.

Q: What if my o1 visa extension is denied while I am in the U.S.?

A: You must leave the U.S. immediately after your authorized stay ends. However, you may be able to reapply or appeal the decision.

Q: Can I bring an assistant or essential support staff?

A: Yes, essential support personnel can apply for o2 visa but they must prove they are integral to the o1 holder’s work.

Q: Are there any restrictions on o1 visa?

   A: You can only work in the specific field and roles approved in your petition. Unauthorized work can jeopardize your status.

Q: What if I change my field of work while on o1 visa?

    A: A new petition must be filed if the new work is outside the scope of the original petition.

 Q: What counts as “extraordinary ability” for digital professionals?

     A: Extraordinary ability in the digital realm can be demonstrated through:

Industry awards for digital innovation. Significant social media metrics (e.g., millions of followers, verified status). High-profile collaborations or endorsements. Original contributions to technology or digital platforms.

Q: Can software developers or tech entrepreneurs qualify for o1 visa?

A: Yes, individuals in tech can qualify by demonstrating:

Patents for technology. Publications in tech journals. Leadership in projects. Awards in programming or innovation contests.

Q: Can remote work or freelancing be considered for o1 eligibility?

A: Yes, but the work must demonstrate extraordinary ability, recognition and significant contributions to the industry.

Q: How can social media metrics support o1 application?

A: High follower counts, engagement rates, verified profiles and sponsorships with notable brands can demonstrate national or international acclaim.

Q: What kind of evidence from digital platforms can help o1 case?

A: Features on reputable websites or platforms. High-profile collaborations or endorsements. Metrics like app downloads, website traffic or project impact. Media coverage in online magazines, blogs or podcasts.

Q: Does a personal website or portfolio support o1 application?

A: Yes, a well-documented portfolio with achievements, client testimonials and impact metrics can support the application.

Q: How do you prove achievements in the digital space?

A: Verification can include screenshots, platform analytics, official letters from collaborators, media articles or awards from online platforms.

Q: What if my achievements are intangible like an algorithm or app feature?

A: You can provide technical documentation, user testimonials, peer reviews or metrics demonstrating the feature’s impact (e.g., increased downloads, user engagement).

Q: How does intellectual property like NFTs or digital art support o1 application?

A: Digital art, NFTs or blockchain-related achievements can qualify if they demonstrate innovation, are widely recognized or have been featured in major exhibitions or sold for significant value.

Q: Are there any challenges in documenting online-only achievements?

A: Yes, digital achievements must be well-documented to prove authenticity. This includes saving evidence of awards, collaborations and digital recognition as online content can change or disappear.

Q: Can game designers or eSports professionals qualify for o1 visa?

A: Yes, designing award-winning games, competing in international tournaments or contributing to major gaming platforms can qualify.

Q: Do cryptocurrency or blockchain professionals qualify?

A: Yes, individuals with notable contributions to blockchain technology, cryptocurrency projects or decentralized applications can qualify if they demonstrate extraordinary ability.

Q: Can AI experts apply for o1 visa?

A: Yes, AI researchers or developers with patents, publications or recognition for innovative work can qualify.

Q: Can digital recognition replace traditional awards or honors?

A: Yes, digital recognition like online awards or verified profiles can be used but must demonstrate significant acclaim.

Q: Can an online employer or digital platform sponsor my o1 visa?

A: Yes, as long as the online employer or platform is a legitimate entity and can prove a valid employer-employee relationship.

Q: What if I have multiple clients as a digital freelancer?

A: An agent can be the petitioner for multiple projects or clients, consolidating the evidence for your o1 application.

Q: How do online or virtual projects fit into o1 framework?

A: Virtual projects can qualify if they have measurable outcomes, significant recognition and align with your expertise.

Q: Can open-source contributions qualify for o1 visa?

A: Yes, significant contributions to open-source projects especially those widely adopted can demonstrate extraordinary ability.

Q: Do online-only awards like “Best App of the Year” count in o1 application?

A: Yes, reputable online awards can support your case if they are widely recognized in your field.

Q: Can I use crowdfunding to support my application?

A: Yes, successful crowdfunding campaigns with significant backing and media coverage can demonstrate acclaim and recognition.

Q: What if my digital achievements are collaborative?

A: You can highlight your specific role and contributions within the collaboration, backed by testimonials or letters from collaborators.

Q: Can digital advocacy or activism qualify for o1 visa?

A: Yes, if the advocacy or activism has had significant impact, media recognition or resulted in meaningful change it can qualify.

Q: Does o1 visa allow for indefinite renewals?

A: While there is no limit to the number of extensions, each renewal must be justified by ongoing qualifying work. You cannot use o1 visa to stay in the US indefinitely without meeting these criteria.

Q: Can I travel in and out of the US while on o1 visa?

A: Yes, o1 visa allows multiple entries as long as it’s valid. However, re-entry is subject to the continuation of the approved project or work.

Q: What determines the initial visa validity?

A: The duration of the visa is tied to the specific project, event or employment described in your petition. For example:

A short-term performance might be valid for a few months. A long-term research project can be valid for the full 3 years.

Q: What if my project ends earlier than expected?

A: If your project ends before the end of your visa, you must leave the US unless you find a new qualifying employer and file an amended petition.

Q: Can I switch to a new project or employer during my o1 visa period?

A: Yes, but you must file a new petition or amend the existing one with the new project or employer details. The original visa does not automatically cover new work.

Q: What if I have multiple projects during my o1 visa period?

A: You can include multiple projects in your initial petition or have an agent serve as the petitioner for multiple employers. If additional projects arise you may need to file an amendment.

Q: What is the processing time for o1 visa extension?

A: Processing times vary but typically take 2-4 months. Premium processing is available for expedited review within 15 calendar days.

Q: What if my extension is denied?

A: If your extension is denied you must leave the US once your authorized stay expires. You can reapply if you can address the denial reasons or file a motion to reopen the case.

Q: Can I work while my extension is pending?

A: Yes, you can work up to 240 days after your initial visa expires as long as your extension was filed on time and for the same employer.

Q: What if I switch employers during an extension application?

A: A new petition must be filed by the new employer. If the extension for the original employer is pending it does not transfer to the new employer.

Q: Does o1 visa allow for dual intent?

A: Yes, o1 visa allows for “dual intent” meaning you can pursue a green card (permanent residency) while holding o1 status without affecting your visa.

Q: How does green card application affect my o1 visa status?

A: Green card application does not automatically invalidate your o1 visa. However, your green card application must progress while you are in valid o1 status.

Q: What if I lose my job while on o1 visa?

A: If you lose your job, your status ends immediately unless you file a petition with a new employer or change your status. USCIS may grant a 60-day grace period in some cases.

Q: Can I take a break from work and stay in the US on o1 visa?

A: No, your stay in the US must be tied to the specific work or project listed in your petition. Unjustified breaks can result in loss of status.

Q: What if I leave the US during my o1 visa validity period?

A: You can re-enter the US as long as your visa is valid and the project or work listed in your petition is ongoing. Make sure you have the necessary documents for re-entry.

Q: Can I transfer my o1 visa to a new employer?

A: No, o1 visa is not transferable. A new employer must file a new petition for you.

Q: What if my employer terminates the project early?

A: You must either leave the US or find a new employer who will file a petition for you. Your authorized stay ends with the termination of the work listed in your visa.

Q: Can my family stay in the US as long as I do?

A: Yes, dependents (spouse and unmarried children under 21) can stay under O-3 status which is valid for the same duration as the o1 visa holder’s status.

Q: Can my dependents extend their stay if I apply for an extension?

A: Yes, dependents can file for O-3 extension along with your o1 extension.

Q: What if my dependent children turn 21 during my o1 visa period?

A: They will no longer be eligible for O-3 status and must switch to another visa category or leave the US.

Q: Can I use o1 visa for long term residency in the US?

A: While o1 visa can be extended indefinitely in theory, it is always tied to specific work. Pursuing a green card is a more permanent solution for long term residency.

Q: What if my visa expires while I am outside the US?

A: If your visa expires while you are abroad, you must apply for a new visa at a US consulate or embassy before re-entering.

Q: Can I renew my o1 visa from within the US?

A: Yes, you can extend your stay through USCIS without leaving the US. However, if you need a new visa stamp, you must visit a US consulate abroad.

Q: Does my visa expiration date match my I-94 date?

A: Not necessarily. The visa allows you to enter the US, but I-94 determines your authorized period of stay which may be different.

Q: What if my project requires me to work in multiple countries?

A: You can travel internationally during your visa validity period but re-entry to the US requires a valid visa and proof that your work in the US is ongoing.

Q: Are there restrictions on the type of work I can do under o1 visa?

A: Yes, you can only work in the activity or field listed in your petition. Unauthorized work is a violation of visa terms.

Q: Can I extend my o1 visa if I have gaps in employment?

A: No, extensions require continuous work or projects. Gaps can jeopardize your eligibility for renewal.

Q: Can Form I-129 be filed online?

A: No, as of now, Form I-129 must be mailed to the appropriate USCIS service centre.

Q: What is the filing fee for Form I-129?

A: The base fee for Form I-129 is $460. Additional fees may apply for premium processing or other services.

Q: What if there are errors on Form I-129 after submission?

A: If you notice an error after submission, you can file Form I-824, Application for Action on an Approved Application or Petition, to request corrections. Or you may need to contact USCIS to address minor issues.

Q: How long does it take to process Form I-129?

A: Processing times vary by service centre but generally 2-4 months. Premium processing ($2,500 fee) is 15 calendar days.

Q: What is I-129 Supplement O/P and why is it necessary?

A: This supplement provides specific details about O-1 (extraordinary ability) and O-2 (support personnel) visa petitions. It includes information about the beneficiary’s field of work and the proposed employment.

Q: What is an advisory opinion and how do I submit it?

A: An advisory opinion is a letter from a peer group, labor organization or management group verifying the beneficiary’s qualifications. This must be included with the I-129 petition.

Q: What kind of letters of recommendation should I include?

A: Letters should be from industry experts who are familiar with the beneficiary’s extraordinary abilities and achievements. They should describe the individual’s accomplishments and why their work is exceptional.

Q: Do I need to submit copies of awards and media coverage with Form I-129?

A: Yes, copies of awards, publications and evidence of recognition should be submitted as part of the evidence packet. Make sure documents are organized and labelled clearly.

Q: What if Form I-129 is incomplete or has errors?

A: USCIS may issue an RFE or deny the petition. Always check for completeness and accuracy before submission.

Q: What if I file Form I-129 at the wrong service centre?

A: USCIS will reject the petition and send it back to you. Make sure to file at the correct service centre based on the petition type and petitioner’s location.

Q: Can I file Form I-129 for multiple employers or projects?

A: Yes, you can: Have one agent file the petition on behalf of multiple employers. File separate petitions for each employer.

Q: What if my advisory opinion is delayed?

A: If the advisory opinion is not available at the time of filing, you can file the petition and indicate that the opinion will follow. But this may delay the adjudication of the petition.

Q: What form do dependents (spouse and children) file for visa processing?

A: Dependents of O-1 visa holders apply for O-3 visas using Form DS-160, Online Non-immigrant Visa Application, at the U.S. embassy or consulate in their country.

Q: Do O-3 dependents need to file Form I-539 to extend their stay?

A: Yes, O-3 dependents must file Form I-539 to extend their stay or change status in the U.S.

Q: Can dependents work on an O-3 visa?

A: No, O-3 dependents are not allowed to work in the U.S. but they can attend school or pursue other educational opportunities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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What is an O-1 Visa?

The O-1 visa is a non-immigrant visa classification for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or those with a record of extraordinary achievement in the motion picture and television industries. This visa allows individuals to enter the United States temporarily to continue work in their field. The O-1 visa is a dual-intent visa, meaning that the beneficiary can hold an O-1 visa and simultaneously apply for a green card through employment-based sponsorship or other eligible pathways.

Eligibility Requirements

To be eligible for an O-1 visa, an individual must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry. The individual must also have a consultation with an appropriate peer group or a person with expertise in their area of ability. The consultation must be from a labor organization or a management organization with expertise in the skill area involved. Additionally, the individual must have a written contract between them and the petitioner or a summary of the terms of the oral agreement under which they will be employed.

O-1A Visa Requirements

The O-1A visa is for individuals with extraordinary ability in business, science, education, or athletics. To qualify for an O-1A visa, an individual must demonstrate a one-time achievement at the caliber of an Olympic Medal or Nobel prize. Alternatively, an individual can satisfy at least three of the following criteria:

• Receipt of a major, internationally recognized award or prize in the field for outstanding achievements.

• Membership in associations in the field that require outstanding achievements of their members.

• Published material about the individual in professional or major trade publications or major media outlets.

• Original contributions of major significance in the field.

• Authorship of scholarly articles in the field, in professional or major trade publications or other major media outlets.

• A high salary or other significantly high remuneration for services as evidenced by contracts or other reliable sources.

• Participation as a judge of the work of others in the field.

• Evidence of the individual’s original contributions of major significance in the field.

O-1 Visa and Termination of Employment

If the O-1 employment is terminated early, the beneficiary should have a grace period of up to 60 days or until the end date of their I-94, whichever is shorter. During this time, the beneficiary cannot work and should be prepared to leave the U.S. unless they are in the process of changing to another status. The petitioner should report to the USCIS about the early termination of the employment.

O-1 Visa and Freelance Work

An alien in O classification may only be admitted to perform services in specific, identified events. O status may not be granted to an alien to enter the United States to freelance in the open market. An amended petition must be filed to add events not specified in the petition.

O-1 Visa to Green Card: Possible Options

The O-1 temporary work visa is granted to people with extraordinary ability in scientific, artistic, educational, business or athletic endeavors. Although it offers many advantages over the more commonly granted H-1B visa, it must be renewed each year after the initial term of up to three years expires. This state of affairs can disadvantage you in long-term positions due to the constant insecurity of having to renew your status, and it can complicate international travel.

Fortunately, the O-1 visa is a “dual intent” visa, which means that if you qualify for a green card, you can transition from O-1 temporary worker status to permanent residence status without any interruption in your visa status and without having to leave the United States.

Several options might be available, depending on your personal circumstances and the nature of your expertise. Following is a brief description of some of these options.

O-1 Visa – Athlete

The EB-1A “Alien of Extraordinary Ability” Green Card

The requirements for this type of EB-1 visa are similar to the requirements for an O-1 visa; however, the qualifications are even more stringent. Simply qualifying for an O-1 visa does not guarantee that you will qualify. It’s like raising a pole vault by two feet — you still have to vault over the bar, but it’s a lot more difficult to do.

Furthermore, based on recent policy changes, your EB-1 application will be evaluated solely on its own merits — your previous O-1 acceptance will not matter much, if at all.

On the bright side, there is no waiting period for the EB-1A (immigration visas are “current.”). Additionally, you can petition for this status yourself, without the help of an employer.

The EB-1B “Outstanding Researcher or Professor” Green Card

To obtain permanent residence under the EB-1B category, you must:

• Enjoy outstanding international recognition in a particular academic field; and
• Possess at least three years of experience teaching or researching in the area in which you excel.

You must be coming to the US to work in a tenured or tenure-track teaching position at an institute of higher education; or in a comparable research position at an institute of higher education.

You may also be coming to the US to take a comparable research position with a private employer that meets certain qualifications. The level of distinction required to obtain EB-1B status is somewhat lower than the level required for EB-1A status.

EB-1B visas are also considered “current”, and you can also apply on your own without the help of an employer.

O-1 Visa – Science Professor

The National Interest Waiver Green Card

National Interest Waiver (EB2-NIW) status for persons of exceptional ability or professionals holding advanced degrees, and it is easier to obtain than EB-1A or EB-1B status if your possess expertise or an advanced degree in the arts, sciences or business.

The EB-2 visa normally requires a job offer and labor certification, but these requirements are waived for the National Interest Waiver visa.  The waiver applies if your presence in the US will substantially benefit the national economy, cultural or educational interests of the United States.

NIW status is also considered “current”, and you can also apply without the help of an employer.

Multiple Filings

You are not limited to applying for only one visa status at the same time — you may apply for any two of the foregoing three visa statuses at the same time, as long as you meet the qualifications for both of them.

The paperwork burden can be heavy in this situation, however, and it is easy to make a mistake that could delay processing or even jeopardize your application —  checking more than one category on a single Form I-140, for example.

The Path to Citizenship

Once you obtain permanent residence, you will be in a position to eventually obtain US citizenship if you so choose, by filing Form N-400. Of course, you are not required to apply for citizenship — you can stay in the US indefinitely on permanent resident status.

After five years, however, you can apply for naturalized citizenship. Most applicants find the citizenship application to be far less fraught with uncertainty than either the O-1 or permanent residence application process.

U.S. Passport