Live and work in the US for up to three years. O-1 dependents can apply for O-3 visas.
The O-1 classification in US nonimmigrant visas is for individuals that possess extraordinary ability in certain fields or have a demonstrated record of extraordinary achievement. Extraordinary ability can be in the fields of - athletics, arts, business, education, or sciences.
A record (that can be demonstrated) of extraordinary achievement in the television or motion picture industry might also make an individual eligible for the O-1.
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O-1 visa for the US |
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Extraordinary Ability |
Extraordinary Achievement |
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The benefits of the O-1 visa include -
Dependents can come to the US with the O-1 visa holder, but cannot accept employment in the US. If the O-1 visa holder switches to another job in the US, they would require a new visa.
The O nonimmigrant classification covers the following four separate visa categories -
An extraordinary ability - in arts, athletics, business, education, or sciences - will be needed. Achievement of the extraordinary level will be needed in the case of a foreign national in the motion picture or television industry. Due evidence will have to be provided to establish that the ability or achievement is indeed extraordinary.
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O-1 visa: What is extraordinary? |
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Extraordinary ability in the field of athletics, business, education, science |
A level of expertise indicating that the individual is among the small percentage that have arisen to the very top in their field. |
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Extraordinary ability in the field of arts |
Means distinction. By distinction is implied a high level of achievement in the field of arts that can be proven by a degree of skill and recognition substantially above than ordinarily encountered. The individual must be “renowned, leading, or well-known in the field of arts”, as per the Code of Federal Regulations. |
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Extraordinary achievement |
Applicable to motion picture and television productions. Means a high level of accomplishment in the industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered. The individual must be “recognized as outstanding, notable, or leading in the motion picture or television field”, as per the Code of Federal Regulations. |
For the purposes of an O-1 visa, ‘arts’ implies any field of creative endeavor. This includes, but is not limited to, fine arts, culinary arts, performing arts, and visual arts.
In addition to the principal creators and performers, there are other essential persons that also come under the category of arts for O-1 eligibility. For example, directors, musical supervisors, stage technicians etc.
A petitioner seeking to get an O-1 or O-2 status for a foreign national will have to file a petition on their behalf on the form prescribed by USCIS. An O-1 or O-2 petition can only be filed by a -
The petition might be filed up to a year before the date of the actual requirement for the services of the individual in the US.
Depends on whether you are from arts, other eligible fields or from the motion picture or television industry.
Must be able to demonstrate sustained national or international acclaim and recognition for achievements by providing -
Comparable evidence of occupation might be submitted to establish eligibility.
Must be recognized as being prominent in their field of endeavor by providing -
Comparable evidence of occupation might be submitted to establish eligibility.
The individual must be recognized as having a demonstrated record of extraordinary achievement by providing -
The process will begin with your US employer filing a petition - Form I-129, Petition for a Nonimmigrant Worker - with USCIS on your behalf. Then, you will have to fill up Form DS160, Online Nonimmigrant Visa Application. As this is a petition-based US visa, you will have to pay USD190 - approximately INR14,820 - as the visa application fee.
Two separate interviews will have to be scheduled - for giving your biometrics at the Visa Application Centre (VAC), followed by a visa interview at a US Embassy / Consulate. Take all your required documentation along with you for the interviews.
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Being a non-immigrant visa, the O-1 doesn’t directly lead to a US Green Card. You can, however, switch to an employment-based EB-1 visa while in the US.
The following to be filed with USCIS -
The spouse and children of the O-1 visa holder will have to file Form I-539, Application to Extend/Change Nonimmigrant Status.
Yes. You can take your dependents - spouse and children below 21 years of age - along with you to the US when you get an O-1 visa. Your dependents will have to apply for O-3 visas. They can either come along with you or join later (also called “following to join”).
No. An O-1/O-2 visa holder’s dependents cannot work in the US while on an O-3 status.
Yes. Your O-3 dependents can study, full-time or part-time, in the United States.
Your new employer must file Form I-129 on your behalf.
Generally, a foreign national that intends to enter the US will have to first secure a relevant visa, as per their purpose of visit. A nonimmigrant US visa allows temporary stay in the country. An immigrant visa is for permanent residence in the US. You can work in the US on a temporary basis for a certain time period with a temporary worker visa.
A temporary worker visa permits you to enter the US for employment over a fixed period of time. The employment offered must not be indefinite or permanent.
The prospective US employer must begin the process by filing a petition with US Citizenship and Immigration Services (USCIS). An approved petition will be required before you can apply for a work visa.
There are 11 categories available under temporary worker visas for the US. These are -
US Temporary Worker Visa Categories
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Visa category |
For |
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H-1B |
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H-1B1 |
Free Trade Agreement (FTA), for professionals from Chile and Singapore |
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H-2A |
Temporary Agricultural Worker |
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H-2B |
Temporary Non-Agricultural Worker |
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H-3 |
Trainee or Special Education visitor |
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L |
Intracompany transferee |
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O |
Individuals with Extraordinary Ability or Achievement |
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P-1 |
Individual or Team Athlete, or Member of an Entertainment Group |
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P-2 |
Artist or Entertainer (Individual or Group), for performance under a reciprocal exchange program |
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P-3 |
Artist or Entertainer (Individual or Group) |
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Q-1 |
Participant in an International Cultural Exchange Program |
For foreign nationals that would be accompanying the O-1 artist or athlete to the United States. O-2 is not available for accompanying O-1 visa holders in the fields of business, science, or education.
A spouse or unmarried child below 21 years of age of O-1 or O-2 visa holders can apply for the O-3 status for O-1 dependents. They can either accompany the O-1 or O-2 visa holders to the US, or join them at a later date.
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