O-1 Visa
What is an O-1 Extraordinary Ability Visa?
The O-1 visa is a special type of visa that allows individuals with extraordinary talent or achievements in fields such as art, science, education, business, sports, and media to obtain the right to work and live temporarily in the United States. This visa is intended for candidates who can demonstrate both individual achievement and national or international recognition in their field.
Types of O-1 Extraordinary Ability Visas
O-1 Visa Extraordinary Ability Visas
The O-1 Visa is designed for individuals with extraordinary abilities or professional achievements. It is divided into two main subcategories:
- O-1A Vizesi: For scientists, academics, entrepreneurs, athletes, CEOs, and individuals who have achieved extraordinary success in the business world.
- O-1B Vizesi: For individuals with extraordinary talent in the arts or who have achieved significant success in the television, cinema, or film industry. Artists and professionals who have achieved critical success in the cinema and television industry are among these individuals.
Advantages of the O-1 Extraordinary Ability Visa
- Initial visa validity period of up to 3 years and the possibility of numerous extensions (1 year each time)
- Not subject to annual quotas or lottery systems like the H-1B visa
- The ability to work for multiple employers or start your own company
- A “dual-purpose” status that provides advantages in transitioning to a green card, similar to the EB-1A visa
- The ability for spouses and children to accompany the visa holder to the US with an O-3 visa
O-1 Visa Application Criteria
Subcategories for O-1A Visa;
Business and Entrepreneurship
The following indicators of success are considered strong evidence for O-1A visa applications for entrepreneurs and business professionals with extraordinary abilities:
- Successful business ventures: Commercial successes such as start-ups funded by significant investment rounds, high-revenue projects, rapidly growing companies, successful initial public offerings (IPOs), or acquisitions by large companies.
- Recognition in the business world: Awards received in the fields of entrepreneurship or leadership; inclusion in prestigious rankings such as the “30 Under 30” list or “Most Successful Entrepreneurs.”
- Elite memberships: Membership in professional organizations that are exclusive to entrepreneurs and require an invitation to join.
- Publications and media visibility: Published articles, interviews, or media coverage highlighting original business strategies or innovative approaches.
- Conference and event invitations: Speaking engagements at leading industry conferences as a recognized expert in the field.
- Leadership positions: Holding critical management roles such as CEO or CTO at well-known companies.
Tip: Self-Sponsorship for Entrepreneurs: It is not technically possible for an individual to sponsor themselves under the O-1 visa. However, a US-based company established by the applicant can assume the role of sponsor if it is properly structured. Although this process is complex, a successful application can be made with the right documentation. The basis of the application is to demonstrate, with strong evidence, that the applicant possesses extraordinary ability and achievement in their field. Additionally, the existence of concrete business activities or approved events where these abilities will be utilized must also be documented.
Science, Education, and Sports
Science
- Prestigious Awards: Being recognized with prestigious awards for scientific excellence, such as the Nobel Prize, Fields Medal, or other globally or nationally recognized awards.
- Groundbreaking Publications: Being the author of influential research published in leading, peer-reviewed scientific journals.
- Impactful Contributions: Demonstrate significant contributions that have had a measurable impact on the advancement of the field.
- Original Patents: Hold patents for original scientific innovations or inventions.
- Speaker Invitations: Receive invitations to present research at renowned conferences or symposiums as a distinguished expert.
- Special Memberships: Membership in distinguished scientific organizations or academies that require exceptional achievements for acceptance.
Education
- Exceptional Teaching Ability: Proven superior teaching skills demonstrated by consistently high student evaluations, teaching awards, or innovative teaching methods.
- Significant Research Contributions: Notable contributions to educational research supported by publications, research grants, or citations.
- National or International Recognition: Recognition for excellence in teaching or research at the national or international level, such as awards or media coverage.
- Membership in Prestigious Educational Organizations: Membership in recognized educational organizations that require exceptional achievements for acceptance.
- Conference Speaking Invitations: Invitations to present as a recognized expert at major educational conferences or events.
Sports
- Top-Level Competition Success: Achievements in top-level competitions such as winning Olympic medals, placing in the World Championships, or breaking world records.
- International Recognition: Receiving prestigious awards or honors recognized internationally in the field of sports, such as being selected as “Athlete of the Year” or being inducted into a sports hall of fame.
- Significant Contributions: Documented impact in the field of athletics, including innovations in training techniques or equipment.
- Membership in Elite Athletics Organizations: Membership in elite athletics organizations or teams that require exceptional performance for membership.
- Leadership Roles: Serving in important leadership positions such as team captain or coach for a highly successful team or organization.
Subcategories for the O-1B Visa;
Arts, Cinema, and Television Fields
Arts Field
- Having won significant international or national awards.
- Participating in leading roles or important positions in reputable and well-known organizations or events.
- Possess positive reviews of works published by art critics or experts.
- Have achieved commercial success in the field of art (e.g., sales, viewership, participation rates).
- Earn a high income compared to others working in the field.
Film and Television
- Having won or been nominated for major awards such as the Oscars or Emmys.
- Having played leading or significant roles in reputable productions.
- Providing evidence of commercial success related to the individual’s work.
- Successes documented by critics, experts, or leading figures in the industry.
Tip: If you do not fully meet the above criteria, you may still apply by providing evidence of similar levels of success and recognition.
O-1 Visa Application Process Steps
- Eligibility Analysis: Determining whether the applicant meets the criteria
- Employer or Representative: Sponsorship by an employer or agency in the US
- Preparation of Documents: I-129 form, letters of support, proof of achievements, employment contract
- USCIS Application: Submission of a petition through status change or consular processing
- Premium Processing Option: Expedited processing within 15 days for an additional fee
- Visa Interview: Interview at the consulate for applicants outside the US
O-1 Extraordinary Ability Visa Processing Time 2025
Validity and Extension
The O-1 visa is initially issued for up to 3 years. It is determined based on the duration of the activity and can be renewed indefinitely with one-year extensions. For an extension, Form I-129, I-94 record, and a justification statement must be submitted.How to Obtain an O-1 Extraordinary Ability Visa?
It is not possible to apply for this visa directly as an individual; an application must be submitted by a foreign employer through a U.S.-based employer, agency, or an agency operating in the United States.
Required Documents and Steps for Application
- Form I-129 (Petition for a Nonimmigrant Worker): Must be submitted to USCIS at least 45 days and no more than 6 months prior to the start date of employment.
- Advisory Opinion
- Must be obtained from a professional association, union, or board of directors in the relevant field.
- May also be written by a recognized expert.
- The letter must be written on the organization’s letterhead and, if possible, be signed and stamped. Otherwise, USCIS may request additional documentation.
- If there is no such organization in the professional field or if the letter has been obtained previously, this requirement may be waived.
- Employment Contract or Agreement Summary
- Description and Schedule of Planned Activities
- Evidence of Extraordinary Ability
- A major award or nomination may be submitted.
- Or at least three of the following pieces of evidence are required:
Sample evidence for O-1A (science, education, business, sports):
- Membership in associations or organizations whose membership is restricted to individuals of exceptional achievement
- National or international awards or titles
- Senior positions at prestigious institutions
- Unique contributions to the field
- Works published in academic or professional journals
- Proof of high salary or income
- Published articles about the individual (including author, date, and title information)
- Serving on committees that evaluate the work of others
Sample evidence for O-1B (arts, cinema, television):
- Reference letters from recognized experts
- Evidence of leading roles, critical roles, or prominent positions in major productions
- Commercial/critical success indicators such as box office receipts, ratings, and awards
- Reviews and commentary documenting national or international recognition
- Documents showing that the applicant is working for a high salary
- Posters, press releases, contracts, reviews, etc. proving participation in distinguished productions
Tip: If one of the required criteria cannot be met, “comparable evidence” may be submitted. In this case, the reason why the criterion cannot be met and why the evidence provided is equivalent must be explained in detail.
Visa Status After I-129 Approval
When Form I-129 is approved, the applicant obtains O-1 status for the specified period (up to 3 years) and does not need to reapply for a visa. However, O-2 visa applicants are required to apply for a visa separately after approval.
What Happens in Case of Denial
If USCIS denies the application, it will explain the reasons in writing. This notification will indicate how to use options such as:
- Appeal (through the Administrative Appeals Office)
- Request for reconsideration (motion to reopen)
Extending the Visa Period in the US
If the applicant wishes to extend their stay in the US, the employer or agency must submit a new I-129 form. This application must include:
- I-94 entry/exit record
- Statement explaining the reason for the extension
- Description of the activity/project specified in the initial application
- Information detailing the need for extension must be included.
Circumstances Under Which an O-1 Extraordinary Ability Visa May Be Revoked
USCIS may revoke an O-1 Extraordinary Ability Visa in the following circumstances:
- The employer is no longer in business
- The employer withdraws the petition
- The employee has left the job or been terminated
- False or fraudulent information has been provided
- The conditions specified in the application have not been met
- Relevant laws or regulations have been violated
- The approval was issued in error
In such cases, a “Notice of Intent to Revoke” (NOIR) is typically sent, and the employer is given a period of time to respond.
Status of Family Members
Spouses and unmarried children under the age of 21 of O-1 Extraordinary Ability Visa holders may come to the US on an O-3 visa. These individuals may study but are not eligible for work authorization. While in the US, they must complete Form I-539 to change their status.
O-1 Extraordinary Ability Visa and Green Card Relationship
The O-1 visa does not directly grant permanent residency; however, it provides an advantage when transitioning to immigrant visa categories such as EB-1A. Thanks to the “dual intent” feature, a green card application can be submitted while in O-1 status.
In conclusion, the O-1 Extraordinary Ability Visa is a powerful opportunity for those who wish to showcase their extraordinary abilities in the United States. It can also be an effective first step for those aiming for permanent residency in the long term
Frequently Asked Questions (FAQ)
If you work full-time for just one employer in the US, you are most likely a W-2 employee. On the other hand, if you are a model, actor or other type of artist, you most likely work with a professional agency that represents you, and you may not be required to be a W-2 employee.
If you are currently in the US with O-1A or O-1B status and wish to change employers, it is possible to do so. However, your new employer will need to file a new O-1 petition with USCIS. You cannot begin working for a different employer without filing a new petition with USCIS and having USCIS approve that petition.
The visa holder may only engage in activities or events for which the visa was issued. This means that it is not possible to engage in activities that generate additional income, such as driving for Uber, delivering Amazon packages, working as a cashier, etc.
O-1 Extraordinary Ability Visa holders have the flexibility to travel within and outside the United States during their visa period. This is particularly advantageous for those who wish to collaborate with colleagues or organizations in different countries while continuing their work in the United States.
There are no educational or language requirements for an O-1 Extraordinary Ability Visa, such as high school, bachelor's degree, or master's degree. It is sufficient to meet the criteria in the field of extraordinary ability and provide concrete evidence of this.
While there are certain restrictions on many types of visas, there is no quota system for O-1 Extraordinary Ability Visas. However, applications are reviewed meticulously, so you must submit your application in the best possible manner. This will help increase the likelihood of your visa being approved.