O-1A and O-1B visa
Work in the US on your record, not a lottery
The O-1 is a work visa for people with extraordinary ability or achievement. There is no lottery and no yearly cap. A US employer or agent files for you, and that can be a US company you own.
- Who files
- US employer or agent
- Lottery or cap
- No lottery
- First approval
- Up to 3 years
- Legal fee from
- $6,999 flat
Who files
Who can file your O-1
The O-1 lets you work in the US in your area of extraordinary ability. After the first approval, you can extend in steps of up to 1 year to continue or finish the same work, with no maximum. One rule surprises people: you cannot file it for yourself. One of these must file Form I-129 for you.
-
A US employer
A US company or organization that will employ you files the petition for work with them.
-
A US agent
Common for people who are usually self-employed, or who book short-term work with many employers. A foreign employer cannot file for you directly, but it can use a US agent it has authorized to file. If the agent files for several employers, the petition needs a full itinerary with dates, each employer’s name and address, the places you will work, and your contracts.
-
A US company you own
You cannot petition for yourself. But a separate legal entity you own, such as a corporation or LLC, may file for you.
The petition must include your contract, or a summary of the terms if the agreement is oral. It also explains the events or activities, with start and end dates, and an itinerary if there are several. It can be filed up to 1 year before you start. USCIS suggests filing at least 45 days before.
O-1A or O-1B
Which O-1 is yours?
O-1A covers science, education, business and athletics. O-1B covers the arts, and film and TV. The standards are different, so it matters which one fits.
| O-1A | O-1B arts | O-1B film and TV | |
|---|---|---|---|
| Fields | Science, education, business, athletics | Any creative field, such as fine, visual, culinary and performing arts. Includes key people like directors, designers and conductors. | Film and TV, including streaming movies, web series and commercials |
| The standard | One of the small percentage at the very top of your field | Distinction: renowned, leading or well-known in your field | Extraordinary achievement: recognized as outstanding, notable or leading in film or TV |
| Award path | A major international award, such as a Nobel Prize | Winning, or being nominated for, a significant national or international award, like an Oscar, Emmy, Grammy or Directors Guild Award | Same as arts |
| Or criteria path | At least 3 of 8 criteria | At least 3 of 6 criteria | At least 3 of the same 6 criteria |
| Comparable evidence | Allowed, if a criterion does not readily fit your job and you explain why | Allowed, same rule | Not allowed |
| Advisory opinion from | A peer group (including labor groups) or an expert in your area | A peer group (including labor groups) or an expert in your area | A labor union and a management organization in your area |
Every O-1 petition needs a written advisory opinion (called a consultation). If no fitting peer group exists, USCIS decides on the other evidence. For arts, if you return for similar work within 2 years of your last consultation, your petitioner can ask USCIS to waive a new one by sending a copy of the old one. If any of your US work is on a film or TV production, the film and TV rules usually apply, unless that work is only a small part of your art. Social media videos and personal vlogs usually do not count as film or TV. Your attorney confirms which standard fits.
O-1A criteria
The 8 O-1A criteria, in plain English
For O-1A, you need a major internationally recognized award, or evidence that meets at least 3 of these 8 criteria. Here is what each means and what does not count.
-
Awards
National or international prizes or awards you received for excellence in your field. Some dissertation awards and conference awards can count. Does not count: an award to your company, not you. Awards open only to one town, employer or school often carry little national weight.
-
Membership
Membership that requires outstanding achievement, judged by recognized national or international experts, such as some fellow levels. Does not count: membership based only on a degree, years of experience, a fee, a subscription, or a job requirement such as a union.
-
Press about you
Articles about you and your work in professional or major trade publications or major media, with title, date and author. A wider article can count if it discusses your work in depth. Does not count: a brief citation or passing mention.
-
Judging others’ work
You judged the work of others in your field or a related one. Examples are journal peer review, conference paper review, dissertation committees and government grant review. Does not count: an invitation alone. Show the request and proof you finished the review.
-
Major original contributions
Original scientific, scholarly or business work of major significance. Proof can be citations high for your field, commercial use, licensing, code or data repositories with proven impact, or detailed expert letters. Does not count on its own: being funded, patented or published.
-
Scholarly articles
Articles you wrote, as a listed author, in professional journals or other major media. Published papers from recognized conferences can count. You do not need to be first author, and citations are not required. Outside academia, the article should be written for experts in your field.
-
Critical or essential role
A critical or essential role for an organization with a distinguished reputation. Founding a startup with a distinguished reputation can count. Your duties and results matter, not your title. Does not count: a title with no proof of impact, or an organization whose reputation is not shown.
-
High pay
Pay that is high, or will be high, compared with others in your field, shown with contracts, pay records and salary surveys for your role and location. For founders, valuable equity may be comparable evidence. Pay earned abroad is compared with local pay there.
Meeting 3 criteria is only step one. USCIS then weighs all your evidence together to decide if you have sustained national or international acclaim.
O-1B criteria
The 6 O-1B criteria, for arts and for film and TV
For O-1B, you need to have won or been nominated for a significant national or international award. Or you need evidence that meets at least 3 of these 6 criteria. Film and TV cases must use these criteria as written.
-
Lead roles in distinguished productions or events
You have had, and will have, a lead or starring role in productions or events with a distinguished reputation. You need both past and future roles. A solo show or tour can be an event. Proof comes from reviews, ads, publicity, publications, contracts or endorsements. Does not count here: unpublished recommendation letters. A famous venue alone does not make an event distinguished.
-
Reviews and press
Critical reviews or other published material by or about you in major newspapers, trade journals, magazines or other publications. A wider article can count if it discusses you and your work. Does not count well: small outlets that do not show national or international recognition.
-
Lead or critical roles for distinguished organizations
You have had, and will have, a lead, starring or critical role for organizations with a distinguished reputation, shown by articles or testimonials. Detailed letters from people who know your role help most. Does not count: a role you cannot show was lead, starring or critical.
-
Major commercial or critical success
A record of major commercial or critically acclaimed successes. Proof includes ratings, standing in your field, box office or TV ratings, reported in trade journals, major newspapers or other publications. Does not count: success you cannot show in published sources.
-
Significant recognition from experts
Recognition for your achievements from organizations, critics, government agencies or recognized experts. What makes it significant is who is recognizing you. Letters must show the writer’s authority and knowledge of your work. Does not count: generic praise from someone whose standing is not shown.
-
High pay
Pay that is high, or will be high, compared with others in your field, shown by contracts or other reliable proof. Does not count: comparisons with a broad job category. Day rates and project fees need a fair comparison.
Meeting 3 criteria is only step one. USCIS then looks at all your evidence together. For arts, it asks if you have distinction. For film and TV, it asks for extraordinary achievement: a very high level of accomplishment, so that you are recognized as outstanding, notable or leading in film or TV.
How it works
From first check to working in the US
Here is the usual path. Your attorney confirms each step for your case.
-
See where you stand
FreeUpload your resume to Frank’s free evaluation. You see your standing on each O-1A or O-1B criterion. No account or card needed.
-
Fill real gaps
VariesFrank finds panels, peer review, awards, memberships, speaking calls and press ranked by the criterion they help. You approve each application.
-
Set up your petitioner
Your attorney helps you choose the right petitioner: an employer, an agent, or your own US company. You gather your contract and itinerary.
-
Consultation and letters
Your team requests the advisory opinion and coaches your recommendation letters. A second attorney reviews the full petition.
-
File Form I-129
15 business days with premiumWith premium processing, USCIS must act within 15 business days. That can be an approval, a denial or a request for more evidence.
-
Get your visa and start
Once approved, you apply for your visa at a US embassy or consulate. If you are already in the US, ask your attorney if a change of status fits. You can arrive up to 10 days before the approval period starts, but you can only work during the approval period.
Costs
What an O-1 costs
Government fees go to USCIS. The legal fee goes to the partner law firm. Times without premium processing vary, so check USCIS processing times.
| What | Paid to | Amount |
|---|---|---|
| Form I-129 for an O petition | USCIS | $1,055 ($530 for small employers or nonprofits) |
| Asylum Program Fee | USCIS | $600 ($300 for small employers, $0 for nonprofits) |
| Premium processing, optional (Form I-907) | USCIS | $2,965 |
| Visa fee, if you apply abroad | US Department of State | Set by the State Department |
| Legal fee, flat, never hourly | Partner law firm | From $6,999 (tiers: $6,999, $8,500, $10,500, $12,500) |
Government fees are from the USCIS Fee Schedule (Form G-1055, edition 09/09/26), as of September 2026. A small employer has 25 or fewer full-time equivalent employees. Fees change, so your attorney confirms them before filing. The legal fee includes a senior-attorney case lead, a strategy memo, petition preparation and filing, letter coaching, second-attorney review, an RFE or NOID response if one comes, unlimited communication, a case portal and visa stamping support. Paid separately: government fees, optional premium processing, translations and documents, and any third-party expert opinion letters.
How we help
Evidence you can stand behind
Frank, your extraordinary ability partner, helps you get ready. Licensed attorneys at an independent partner firm do all the legal work, under a separate agreement. Green Card Guide is not a law firm. Frank plans: free evaluation, Starter $49 a month (7 days free, no card), Pro $299 a month, Concierge $599 a month.
Know where you stand
Frank’s free evaluation checks your resume against each criterion, for O-1A or O-1B. You see what is strong and what is thin.
Real opportunities, ranked
Frank finds panels, peer review, awards, memberships, speaking calls and press, ranked by the criterion they help. No paid awards, bought panel seats, pay-to-play memberships or pay-to-publish journals.
Proof, filed as you go
Frank prepares and submits applications you approve. It saves each win as evidence in USCIS exhibit format. A weekly email tells you the next step.
Two attorneys on your petition
A lead attorney and a second reviewer on every petition. A flat fee quoted before you sign. RFE or NOID responses included on cases they filed.
FAQ
Questions people ask us
Not in your own name. A US agent can file for people who work with many clients or book short-term work. Or a separate company you own, such as an LLC, may file for you. Your attorney helps you pick the right setup.
No. The O-1 has no lottery and no yearly limit. You qualify on your evidence.
The first approval can be up to 3 years, based on your events or work. After that, your petitioner can extend it in steps of up to 1 year to continue or finish the same work. There is no maximum total stay. New kinds of work need a new or amended petition.
Your spouse and children under 21 may come on O-3 visas. They can study full-time or part-time. They cannot work on an O-3.
Usually, your new employer files a new petition and asks to extend your stay. If an agent filed your petition, the agent can file an amended petition instead. It must include details of the new employer and ask to extend your stay. Big changes to your work also need an amended petition. Your attorney checks which one fits.
Yes. Filing a green card petition is not a reason to deny your O-1 or its extension. Many people look at EB-1A or EB-2 NIW next. The criteria look alike, but each petition is judged on its own. An O-1 approval does not mean an EB-1A approval. Green cards also have yearly limits and limits by country, so the wait depends on where you were born.
No. It is information to help you plan. A licensed attorney at the partner firm confirms whether you qualify before anything is filed. No outcome is guaranteed.
Sources · checked September 2026
- USCIS: O-1 Visa, Individuals with Extraordinary Ability or Achievement
- USCIS Policy Manual, Vol. 2, Part M, Ch. 4, Evidence (current as of Sept. 18, 2026)
- USCIS Policy Manual, Vol. 2, Part M, Ch. 3, Petition Filing (eligible petitioners, agents)
- 8 CFR 214.2(o) (eCFR): definitions, criteria, (o)(13) green card intent
- USCIS: Frequently Asked Questions on the USCIS Fee Rule (archive)
- USCIS: Options for Alien Entrepreneurs to Work in the United States
- USCIS Fee Schedule, Form G-1055 (edition 09/09/26)
- USCIS: Form I-129 page
- USCIS: How Do I Request Premium Processing?
- USCIS: Guidance on Paying Fees (small employer = 25 or fewer FTE)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 2 (EB-1A)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 5 (EB-2 and NIW)
- AAO non-precedent decision, Feb. 22, 2023 (O-1B, venue vs event reputation)
- USCIS: Visa Availability and Priority Dates
- USCIS: Check Case Processing Times
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
