To satisfy the basic O-1A visa requirements, candidates must exhibit extraordinary abilities. Extraordinary abilities are defined as a “distinction” in science, education, business and sports. Proof is evidenced by a one-time award equivalent to a Nobel Prize.

For all other science, education, business and sports candidates, at least three of the following criteria must be met in order to qualify for the O-1A visa:

• You may qualify for an O-1 VISA if there is proof that the beneficiary has gotten a major, internationally-recognized award, such as a Nobel Prize.
• You may qualify for an O-1 VISA if you have a receipt of internationally or nationally recognized awards or prizes for excellence in your field.
• You may qualify for an O-1 VISA if you have a membership in associations in your field that classification is wanted and requires excellent achievements of members, as judged by recognized international or national experts in your field.
• You may qualify for an O-1 VISA if you have published content in major trade, media, or professional publications about the beneficiary and their work in your field.
• You may qualify for an O-1 VISA if you have participated on a panel or as a judge of the work of others in the same or allied field of specialization.
• You may qualify for an O-1 VISA if you have an original scholarly, scientific, or business-related contribution of key significance in your field.
• You may qualify for an O-1 VISA if you have authorship of articles in the field as shown in major media or professional journals.
• You may qualify for an O-1 VISA if you have employment in an essential or critical capacity for establishments and organizations that have a distinguished reputation.
• You may qualify for an O-1 VISA if you have a high salary or other payment for services in the past or future.

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To satisfy the basic O-1B visa requirements, candidates must exhibit extraordinary abilities. Extraordinary abilities are defined as a “distinction” in the arts, motion picture and television. Proof is evidenced by a one-time award equivalent to an Academy Award.

For all other art, motion picture and television candidates, at least three of the following criteria must be met in order to qualify for the O-1 visa:

• Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by reviews, advertisements, publicity releases, publications, contracts, or endorsements;
• Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
• Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other publications;
• A record of major commercial or critically acclaimed successes, as shown by such indicators of title, rating, or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers, or other publications;
• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which you are engaged, with the testimonials clearly indicating the author’s authority, expertise, and knowledge of the alien’s achievements;
• A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

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The first step of the O-1 visa application process is to file your petition. Your employer needs to initiate this process by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS along with evidence of your extraordinary ability or achievement. This must be done a minimum of 45 days before you intend to begin working in the U.S. After USCIS receives your petition, they will evaluate it and issue a response. If your petition is approved, you and your employer will receive Form I-797, Notice of Action.

After these forms are submitted, you will need to schedule an interview with the US embassy. You will need to bring a comprehensive file containing all the necessary documents to prove your case to your interview. One of our experienced attorneys will help you identify which documentation is required and help you assemble your file.

After your interview, there is a waiting period of typically two to three months for the US embassy to review your case. If you are approved for the O-1 visa, congratulations! You can begin to make travel arrangements and continue your career in the United States.

When applying for the O-1 visa, there are a few mandatory fees you should be aware of.

1. All O1 visa applicants are required to pay a I-129 basic filing fee of $460.
2. Once approved, you will also need to pay a submission fee of $190 for Form DS-160 prior to scheduling your appointment at a U.S. Embassy abroad.
3. An additional $85 biometrics fee may apply for candidates between the ages of 14 and 79 upon scheduling of your appointment abroad.

Other optional fees may increase the cost of an O-1 visa. Our team will walk you through all of the options and advise you on which is most applicable for your situation including expediting your petition. If necessary, candidates can pay a fee of $2,500 to shorten the processing time to 15 calendar days.

We don’t recommend going through the process on your own. Working with an attorney on your behalf makes the process more seamless, stress-free and efficient towards your goal of securing an O-1 visa. At Boddie & Associates, P.C., we offer free initial consultations, to give you the comfort of being able to assess your situation and get a better idea if working with one of our highly talented attorneys is the right move for you at the time.

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